South Carolina General Assembly
108th Session, 1989-1990

Bill 246

                    Current Status

Bill Number:               246
Ratification Number:       40
Act Number                 203
Introducing Body:          Senate
Subject:                   Jurisdiction of state grand jury
                           proposed
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(A203, R40, S246)

A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND JURIES, PETIT JURIES, AND THE STATE GRAND JURY, AND TO SECTION 11, ARTICLE I OF THE CONSTITUTION, RELATING TO INDICTMENTS BY COUNTY GRAND JURIES AND THE STATE GRAND JURY, SO AS TO RESTRICT THE JURISDICTION OF THE STATE GRAND JURY TO CRIMES INVOLVING NARCOTICS, DANGEROUS DRUGS, OR CONTROLLED SUBSTANCES AND CRIMES INVOLVING OBSCENITY OR ANY ATTEMPT, SOLICITATION, OR CONSPIRACY TO COMMIT ANY OF THESE CRIMES IF THE CRIMES ARE OF A MULTI-COUNTY NATURE OR HAVE TRANSPIRED, ARE TRANSPIRING, OR HAVE SIGNIFICANCE IN MORE THAN ONE COUNTY OF THIS STATE.

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

Jurisdiction of state grand jury proposed

SECTION 1. It is proposed that Section 22 of Article V of the Constitution of this State be amended to read:

"Section 22. The petit jury of the Circuit Court shall consist of twelve members and the number of jurors of other courts must be determined by law. All jurors in any trial court must agree to a verdict in order to render the same. The grand jury of each county, and the state grand jury, as the General Assembly may establish by general law, shall consist of eighteen members, twelve of whom must agree in a matter before it can be submitted to the court. The jurisdiction of the state grand jury is restricted to crimes involving narcotics, dangerous drugs, or controlled substances and crimes involving obscenity or any attempt, solicitation, or conspiracy to commit any of these crimes if the crimes are of a multi-county nature or have transpired, are transpiring, or have significance in more than one county of this State. Each juror must be a resident of this State and have such other qualifications as the General Assembly may prescribe."

Ballot Question

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Shall Section 22 of Article V of the Constitution of this State be amended so as to restrict the jurisdiction of the state grand jury to crimes involving narcotics, dangerous drugs, or controlled substances and crimes involving obscenity or any attempt, solicitation, or conspiracy to commit any of these crimes if the crimes are of a multi-county nature or have transpired, are transpiring, or have significance in more than one county of this State?

Yes / /

No / /

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Jurisdiction of state grand jury proposed

SECTION 3. It is proposed that Section 11 of Article I of the Constitution of this State be amended to read:

"Section 11. No person may be held to answer for any crime the jurisdiction over which is not within the magistrate's court, unless on a presentment or indictment of a grand jury of the county where the crime has been committed, except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger. The General Assembly may provide for the waiver of an indictment by the accused. Nothing contained in this Constitution is deemed to limit or prohibit the establishment by the General Assembly of a state grand jury with that jurisdiction as provided in Section 22 of Article V with the authority to return indictments irrespective of the county where the crime has been committed and that other authority, including procedure, as the General Assembly may provide."

Ballot question

SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Shall Section 11 of Article I of the Constitution of this State be amended so as to provide that the jurisdiction of the state grand jury must be as provided in Section 22 of Article V of the Constitution of this State?

Yes / /

No / /

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."