South Carolina General Assembly
112th Session, 1997-1998

Bill 267


                    Current Status

Bill Number:                    267
Ratification Number:            121
Act Number:                     64
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970129
Primary Sponsor:                Giese
All Sponsors:                   Giese and Lander 
Drafted Document Number:        gjk\23254sd.97
Date Bill Passed both Bodies:   19970515
Date of Last Amendment:         19970513
Governor's Action:              S
Date of Governor's Action:      19970610
Subject:                        Jurors, nonattendance as;
                                magistrates courts, juror, contempt;
                                penalties increased, Juries and Jurors,
                                Courts

History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19970630  Act No. A64
------  19970610  Signed by Governor
------  19970604  Ratified R121
Senate  19970515  Concurred in House amendment,
                  enrolled for ratification
House   19970514  Read third time, returned to Senate
                  with amendment
House   19970513  Amended, read second time
House   19970507  Committee report: Favorable with         25 HJ
                  amendment
House   19970318  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19970314  Read third time, sent to House
Senate  19970313  Read second time, unanimous
                  consent for third reading on
                  Friday, 19970314
Senate  19970313  Committee amendment adopted
Senate  19970312  Committee report: Favorable with         11 SJ
                  amendment
Senate  19970129  Introduced, read first time,             11 SJ
                  referred to Committee


View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A64, R121, S267)

AN ACT TO AMEND SECTION 14-7-1390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR NONATTENDANCE AS A JUROR IN ANY COURT OF THIS STATE, SO AS TO INCREASE THE PENALTY AND PROVIDE THAT IT SHALL BE A CIVIL PENALTY; TO AMEND SECTION 22-2-130, RELATING TO THE PENALTY FOR FAILURE OF A DULY SUMMONED JUROR IN MAGISTRATE'S COURT TO APPEAR, SO AS TO INCREASE THE PENALTY FOR VIOLATION AND PROVIDE THAT IT SHALL BE A CIVIL PENALTY; AND TO AMEND SECTION 22-3-950, RELATING TO A MAGISTRATE'S POWER TO PUNISH FOR CONTEMPT, SO AS TO INCREASE THE PENALTY FOR CONTEMPT.

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

Penalty increased; designated civil penalty

SECTION 1. Section 14-7-1390 of the 1976 Code is amended to read:

"Section 14-7-1390. If a person duly drawn and summoned to attend as a juror in any court neglects to attend, without sufficient excuse, he shall pay a civil penalty not exceeding one hundred dollars which must be imposed by the court to which the juror was summoned and paid into the county treasury."

Penalty increased; designated civil penalty

SECTION 2. Section 22-2-130 of the 1976 Code is amended to read:

"Section 22-2-130. If any juror duly summoned neglects or refuses to appear in obedience to any venire issued by a magistrate's court and within forty-eight hours does not render to the summoning magistrate a sufficient reason for his delinquency, he shall pay a civil penalty not exceeding one hundred dollars. A failure to pay forthwith the civil penalty assessed constitutes a contempt of court and may be punished accordingly. No person shall serve on a jury in a magistrate's court more than once in a three-month period."

Penalty for contempt increased

SECTION 3. Section 22-3-950 of the 1976 Code is amended to read:

"Section 22-3-950. Every magistrate shall have power to enforce the observance of decorum in his court while holding the same and for that purpose he may punish for contempt any person who, in the presence of the court, shall offer an insult to the magistrate or a juror or who is wilfully guilty of an undue disturbance of the proceedings before the magistrate while sitting officially. A magistrate shall have the power to punish for contempt of court by imposition of sentences up to the limits imposed on magistrates' courts in Section 22-3-550."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 10th day of June, 1997.