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COMMITTEE REPORT
April 16, 2003
S. 575
S. Printed 4/16/03--S.
Read the first time April 9, 2003.
To whom was referred a Bill (S. 575) to amend Section 14-25-165, as amended, Code of Laws of South Carolina, 1976, relating to the drawing and composing juries in magistrates courts, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
C. BRADLEY HUTTO for Committee.
TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND COMPOSING JURIES IN MAGISTRATES COURTS, SINGLE TRIALS, TRIAL TERMS, AND PEREMPTORY CHALLENGES, SO AS TO PROVIDE FOR AN INCREASE IN THE NUMBER OF JURORS DRAWN FROM THE QUALIFIED ELECTORS OF THE AREA FROM NOT LESS THAN THIRTY NAMES TO NOT MORE THAN ONE HUNDRED NAMES IN ORDER TO HAVE A SUFFICIENT NUMBER OF JURORS FROM WHICH TO DRAW A JURY LIST, TO DELETE THE PROVISION RELATING TO PEREMPTORY CHALLENGES TO JURORS DRAWN FOR A SINGLE TRIAL; TO AMEND SECTION 22-2-80, AS AMENDED, RELATING TO SELECTION OF THE JURY LIST IN MAGISTRATES COURT, SO AS TO PROVIDE FOR A SELECTION OF NOT LESS THAN THIRTY BUT NOT MORE THAN ONE HUNDRED NAMES; TO AMEND SECTION 22-2-90, AS AMENDED, RELATING TO ADDITIONAL PROCEDURES FOR SELECTION OF JURY LIST IN COURT WHICH SCHEDULES TERMS FOR JURY TRIALS, SO AS TO PROVIDE FOR THE DRAWING OF A JURY LIST IN A MAGISTRATES COURT WHICH SCHEDULES TERMS FOR JURY TRIAL SO THAT NOT LESS THAN FORTY BUT NOT MORE THAN ONE HUNDRED JURORS' NAMES SHALL BE DRAWN TO SERVE ONE WEEK ONLY; TO AMEND SECTION 22-2-100, RELATING TO SELECTION OF PRIMARY AND ALTERNATE JURORS AND PEREMPTORY CHALLENGES, SO AS TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 22-2-120, RELATING TO SELECTION OF ADDITIONAL JURORS AT TIME OF TRIAL, SO AS TO PROVIDE THAT ADDITIONAL JURORS SHALL BE SELECTED FROM THE REMAINING NAMES OR IN THE MANNER PROVIDED IN SECTION 22-2-80 OR SECTION 22-2-100.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-25-165 of the 1976 Code, as amended by Act 257 of 2000, is further amended to read:
"Section 14-25-165. (a)(1) The drawing and composing of juries for single trials or terms of court must be conducted, mutatis mutandis with necessary changes, according to the statutes relating to the drawing and composing of juries in magistrates courts, except as otherwise specifically provided by this chapter.
(2) A person appointed by the municipal judge who is not connected with the trial of the case for either party shall must draw out of Compartment 'A' of the jury box not less than thirty but not more than one hundred names, and the list of names so drawn must be delivered to each party or to the attorney for each party.
(3) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw not less than thirty one hundred, but not more than a number determined sufficient by court administration for the jury list, and shall must deliver this list to each party or the attorney for each party.
(b)(1) In addition to the procedure for drawing a jury list as provided for in subsection (a), in those courts which schedule terms for jury trials, the judge may select a jury list in the manner provided by this subsection.
(2) Not less than ten nor more than twenty days before a scheduled term of jury trials, a person selected by the presiding judge shall must draw at least forty but not more than one hundred jurors to serve one week only.
(3) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw not less than forty one hundred, but not more than a number determined sufficient by court administration to serve one week only.
(4) Immediately after the jurors are drawn, the judge shall must issue his a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the chief of police or may be served by regular mail by the clerk of court.
(c) The names drawn pursuant to either subsection (a) or (b) shall must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party shall have a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and such any other challenges for cause as the court may permit permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names shall must be randomly drawn from Compartment 'A' until sufficient jurors and alternates are selected.
(d) Where a jury is drawn and composed for a single trial, as provided in subsection (a) above, the parties shall exercise peremptory challenges in advance of the trial date, and only persons selected to serve and alternates shall be summoned for the trial."
SECTION 2. Section 22-2-80 of the 1976 Code, as amended by Act 257 of 2000, is further amended to read:
"Section 22-2-80. (A) In all cases except as provided in Section 22-2-90 in a magistrates court in which a jury is required, a jury list must be selected in the following manner:
A person appointed by the magistrate who is not connected with the trial of the case for either party shall must draw out of Compartment 'A' of the jury box not less than thirty but not more than one hundred names, and this list of names must be delivered to each party or to the attorney for each party.
(B) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw not less than thirty one hundred, but not more than a number determined sufficient by court administration for the jury list, and shall deliver this list to each party or the attorney for each party."
SECTION 3. Section 22-2-90 of the 1976 Code, as amended by Act 257 of 2000, is further amended to read:
"Section 22-2-90. (A) In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in a magistrates court which schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section.
(B) Not less than ten nor more than twenty days before a scheduled term of jury trials, a person selected by the presiding magistrate shall must draw not less than forty but not more than one hundred jurors to serve one week only.
(C) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw not less than forty one hundred, but not more than a number determined sufficient by court administration to serve one week only.
(D) Immediately after the jurors are drawn, the magistrate shall must issue his writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the magistrates constable or the sheriff of the county concerned."
SECTION 4. Section 22-2-100 of the 1976 Code is amended to read:
"Section 22-2-100. The names drawn pursuant to either Section 22-2-80 or Section 22-2-90 shall must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party shall have a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and such any other challenges for cause as the court may permit permits. If, for any reason, it is impossible to select sufficient jurors and alternates from the names drawn, names shall be randomly drawn from Compartment 'A' until sufficient jurors and alternates are selected."
SECTION 5. Section 22-2-120 of the 1976 Code is amended to read:
"Section 22-2-120. If at the time set for the trial there are not sufficient jurors to proceed for the reason that because one or more have failed to attend, or have not been summoned, or have been excused or disqualified by the court, additional jurors shall must be selected from the remainder of the thirty remaining names or in the manner as provided in Section 22-2-80 or in the manner as further provided in Section 22-2-100."
SECTION 6. This act takes effect upon approval by the Governor.
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