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COMMITTEE REPORT
May 28, 2003
H. 3460
S. Printed 5/28/03--S. [SEC 5/29/03 3:30 PM]
Read the first time April 8, 2003.
To whom was referred a Bill (H. 3460) to amend Section 14-7-860, as amended, Code of Laws of South Carolina, 1976, relating to excusing jurors for good cause, so as to provide, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER OR A SEVERELY DISABLED PERSON WHO CANNOT CARE FOR HIMSELF OR CANNOT BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-7-860 of the 1976 Code, as last amended by Act 394 of 2000, is further amended to read:
"Section 14-7-860. (A) The presiding judge for cause shown may excuse anyone any person from jury duty at any term of court if he the judge considers it advisable. But no juror who has been drawn to serve at any term of the court may be excused except for good and sufficient cause, which, together with his application, must be filed in the office of the clerk of the court and remain on record.
(B) Any woman A person who:
(1) having has legal custody and the duty of care for a child under less than seven years of age of whom she has legal custody and the duty of care,;
(2) is the primary caretaker of a person aged sixty-five or older; or
(3) is the primary caretaker of a severely disabled person who is unable to care for himself or cannot be left unattended; and who desires to be excused from jury duty, shall furnish must submit an affidavit to the clerk of court stating that she he is unable to provide adequate care for the child, person aged sixty-five or older, or disabled person while performing jury duty, and shall must be excused by the presiding judge from such duty jury service. The provisions of Section 14-7-870 shall do not apply to any such woman juror described in this subsection who: (a) has a child less than seven years of age, (b) is the primary caretaker of a person aged sixty-five or older, or (c) is the primary caretaker of a severely disabled person who is unable to care for himself or cannot be left unattended.
(C) Upon furnishing submitting an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the presiding judge if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty.
(D) Any A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one thousand dollars or imprisoned for a term not to exceed more than thirty days, or both."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
DONALD H. HOLLAND for Committee.
TO AMEND SECTION 14-7-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OVER OR OF A SEVERELY DISABLED PERSON WHO CANNOT OTHERWISE CARE FOR HIMSELF OR BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-7-860 of the 1976 Code, as last amended by Act 394 of 2000, is further amended to read:
"Section 14-7-860. (A) The presiding judge for cause shown may excuse anyone from jury duty at any term of court if he considers it advisable. But no a juror who has been drawn to serve at any term of the court may not be excused except for good and sufficient cause, which, together with his application, must be filed in the office of the clerk of the court and remain on record. Any woman A person having a child under seven years of age of whom she he has legal custody and the duty of care, who desires to be excused from jury duty, shall furnish an affidavit to the clerk of court stating that she he is unable to provide adequate care for the child while performing jury duty and shall be excused from such duty. Also, a person who is the primary caretaker of a severely disabled person who cannot otherwise care for himself or be left unattended, may furnish an affidavit to the clerk of court stating that he is unable to provide adequate care for the senior citizen or severely disabled person while performing jury duty and shall be excused from jury service by the presiding judge. The provisions of Section 14-7-870 shall do not apply to any such woman juror jurors described in this section who either have a child under seven years of age or are the primary caretakers of a severely disabled person. Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the presiding judge if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty.
(B) Any A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one thousand dollars or imprisoned for a term not to exceed thirty days, or both."
SECTION 2. This act takes effect upon approval by the Governor.
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