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H. 3326

STATUS INFORMATION

General Bill
Sponsors: Rep. Harrison
Document Path: l:\council\bills\ms\7103ahb05.doc

Introduced in the House on January 19, 2005
Currently residing in the House Committee on Judiciary

Summary: Parties to exercise peremptory challenges of jurors before trial

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/19/2005  House   Introduced and read first time HJ-13
   1/19/2005  House   Referred to Committee on Judiciary HJ-13

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/19/2005

TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING JURIES, SO AS TO PROVIDE WHEN A JURY IS DRAWN FOR A SINGLE TRIAL THAT THE PARTIES SHALL EXERCISE PEREMPTORY CHALLENGES BEFORE TRIAL AND ONLY PERSONS SELECTED MAY BE SUMMONED FOR TRIAL.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 14-25-165 of the 1976 Code, as last amended by Act 304 of 2004, is further amended to read:

"Section 14-25-165.    (a) (A)(1)        The drawing and composing of juries for single trials or terms of court must be conducted, 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 must shall draw out of Compartment "A" of the jury box at least thirty but not more than one hundred names, and the list of names 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, before 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 at least one hundred names but not more than a number determined sufficient by court administration for the jury list, and must shall deliver this list to each party or the attorney for each party.

(b)(B)(1)     In addition to the procedure for drawing a jury list as provided for in subsection (a)(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)    At least ten but not more than forty-five days before a scheduled term of jury trials, a person selected by the presiding judge must shall 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, before 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 at least one hundred names 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 must shall issue 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)(C)     The names drawn pursuant to either subsection (a)(A) or (b)(B) 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 has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and any other challenges for cause the court permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names must be drawn randomly from Compartment "A" until sufficient jurors and alternates are selected.

(D)    When a jury is drawn for a single trial, as provided in subsection (A), the parties shall exercise peremptory challenges in advance of the trial date, and only persons selected to serve may be summoned for the trial."

SECTION    2.    This act takes effect upon approval by the Governor.

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