H 3668 Session 111 (1995-1996)
H 3668 General Bill, By Neilson, A.W. Byrd, Govan, Howard, Inabinett, Kirsh,
Lloyd and Moody-Lawrence
Similar(H 3654)
A Bill to amend Section 20-7-1480, Code of Laws of South Carolina, 1976,
relating to the administration of the Family Court System by Rule of the
Supreme Court, so as to provide for jury trials in the Family Court and the
procedures for jury trials; and to amend Section 20-7-755, as amended,
relating to the conduct of hearings in the Family Court in cases involving
children, so as to delete a prohibition against such cases being conducted
without a jury.
02/23/95 House Introduced and read first time HJ-10
02/23/95 House Referred to Committee on Judiciary HJ-10
A BILL
TO AMEND SECTION 20-7-1480, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF
THE FAMILY COURT SYSTEM BY RULE OF THE SUPREME
COURT, SO AS TO PROVIDE FOR JURY TRIALS IN THE
FAMILY COURT AND THE PROCEDURES FOR JURY
TRIALS; AND TO AMEND SECTION 20-7-755, AS AMENDED,
RELATING TO THE CONDUCT OF HEARINGS IN THE
FAMILY COURT IN CASES INVOLVING CHILDREN, SO AS
TO DELETE A PROHIBITION AGAINST SUCH CASES BEING
CONDUCTED WITHOUT A JURY.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 20-7-1480 of the 1976 Code is amended
to read:
"Section 20-7-1480. (A) The Supreme Court by
rule shall provide for the administration of the Family Court
system.
(B) Jury trials in the Family Court, upon request by either
party to the action, shall be held. For this purpose, jurors shall be
summoned, selected, and compensated in the same manner jurors
for the Circuit Court are summoned, selected, and compensated.
Where specific provisions of law, the court, or court rule requires a
Family Court proceeding to be confidential, and either of the parties
requests a jury trial in such a proceeding, jurors must be instructed
not to discuss the proceedings with any nonjurors without
permission of the court, and violation of this provision shall be
punishable as contempt. The Supreme Court by rule shall provide
for the implementation of this subsection."
SECTION 2. Section 20-7-755 of the 1976 Code, as last
amended by Act 636 of 1988, is further amended to read:
"Section 20-7-755. All cases of children must be dealt
with as separate hearings by the court and without a jury.
The hearings must be conducted in a formal manner and may be
adjourned from time to time. The general public must be
excluded, and only persons the judge finds to have a direct
interest in the case or in the work of the court may be admitted.
The presence of the child in court may be waived by the court at
any stage of the proceedings. Hearings may be held at any time or
place within the county designated by the judge. In any case where
the delinquency proceedings may result in commitment to an
institution in which the child's freedom is curtailed, the privilege
against self-incrimination and the right of cross-examination must
be preserved. In all cases where required by law, the child must be
accorded all rights enjoyed by adults, and where not required by
law the child must be accorded adult rights consistent with the best
interests of the child."
SECTION 3. This act takes effect upon approval by the
Governor.
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