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COMMITTEE REPORT
May 14, 2008
H. 4229
S. Printed 5/14/08--S.
Read the first time April 1, 2008.
To whom was referred a Bill (H. 4229) to amend the Code of Laws of South Carolina, 1976, by adding Section 14-25-130 so as to require the preparation of jury lists from the tape of persons, 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, page 1, lines 32-42, and on page 2, lines 1-15, by striking Section 14-25-130 in its entirety and inserting:
/ "Section 14-25-130. In September of each year, the Department of Motor Vehicles shall furnish the State Election Commission a computer tape an electronic file of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each municipality who hold a valid South Carolina driver's license or an identification card issued pursuant to state law. The computer tape electronic file also must include persons who have obtained a valid South Carolina driver's license or identification card during the previous year and exclude persons whose driver's license or identification card has not been renewed or has been invalidated by judicial or administrative action. In October of each year, the State Election Commission shall furnish a jury list to municipal jury commissioners consisting of a tape file or list derived by merging the list of registered voters in the municipality with municipal residents appearing on the tape file furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Before furnishing the list, the commission must make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape file constitutes the roll of eligible jurors in the municipality. Expenses of the Department of Motor Vehicles and State Election Commission in implementing this section must be borne by these agencies."
Amend the bill further, as and if amended, page 2, after line 41, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 14-7-130 of the 1976 Code is amended to read:
"Section 14-7-130. In September of each year, the Department of Motor Vehicles shall furnish the State Election Commission a computer tape an electronic file of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 56-1-3350. The computer tape electronic file also must include persons who have obtained a valid South Carolina driver's license or identification card during the previous year, and exclude persons whose driver's license or identification card has not been renewed or has been invalidated by judicial or administrative action. In October of each year, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape file or list derived by merging the list of registered voters in the county with county residents appearing on the tape file furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Before furnishing the list, the commission must make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape file constitutes the roll of eligible jurors in the county. Expenses of the Department of Motor Vehicles and State Election Commission in implementing this section must be borne by these agencies." /
Renumber sections to conform.
Amend title to conform.
LARRY A. MARTIN for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-130 SO AS TO REQUIRE THE PREPARATION OF JURY LISTS FROM THE TAPE OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR IDENTIFICATION CARD TO BE FURNISHED BY THE STATE ELECTION COMMISSION TO MUNICIPAL JURY COMMISSIONERS FOR USE IN SELECTING MUNICIPAL JURIES; AND TO AMEND SECTIONS 14-25-125 AND 14-25-155, BOTH RELATING TO THE COMPOSITION OF MUNICIPAL COURT JURY LISTS, BOTH SO AS TO PROVIDE THAT THE JURY LIST TO BE USED BY THE MUNICIPALITY IS THE LIST PREPARED BY THE JURY COMMISSIONERS FROM THE LATEST OFFICIAL LIST PROVIDED BY THE STATE ELECTION COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 25, Title 14 of the 1976 Code is amended by adding:
"Section 14-25-130. In September of each year, the Department of Motor Vehicles shall furnish the State Election Commission a computer tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each municipality who hold a valid South Carolina driver's license or an identification card issued pursuant to state law. The computer tape also must include persons who have obtained a valid South Carolina driver's license or identification card during the previous year and exclude persons whose driver's license or identification card has not been renewed or has been invalidated by judicial or administrative action. In October of each year, the State Election Commission shall furnish a jury list to municipal jury commissioners consisting of a tape or list derived by merging the list of registered voters in the municipality with municipal residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Before furnishing the list, the commission must make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape constitutes the roll of eligible jurors in the municipality. Expenses of the Department of Motor Vehicles and State Election Commission in implementing this section must be borne by these agencies."
SECTION 2. Section 14-25-125 of the 1976 Code is amended to read:
"Section 14-25-125. Any A person to be tried in a municipal court may, prior to trial, may demand a jury trial, and such the jury when demanded, shall must be composed of six persons drawn from the qualified electors of the municipality jury list prepared by the jury commissioners from the latest official list furnished to the municipality by the State Election Commission each year in the manner prescribed herein in Section 14-25-130. The right to a jury trial shall be deemed to have been waived unless demand is made prior to trial."
SECTION 3. Section 14-25-155 of the 1976 Code is amended to read:
"Section 14-25-155. (A) The jury list of the municipality shall must be composed of all names on the official list of qualified electors of the municipality jury list prepared by the jury commissioners from the latest official list furnished to the municipality by the State Election Commission each year, or copied from the official voter registration list of the municipality in the manner prescribed in Section 14-25-130.
(B) Compartment 'A' of the jury box shall contain a separate ballot or number for each name on the jury list."
SECTION 4. This act takes effect upon approval by the Governor.
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