Current Status Introducing Body:House Bill Number:3132 Primary Sponsor:Baxley Committee Number:11 Type of Legislation:GB Subject:Jurors, handicapped not disqualified Residing Body:Senate Current Committee:Judiciary Computer Document Number:3132 Introduced Date:Jan 08, 1991 Date of Last Amendment:May 06, 1992 Last History Body:Senate Last History Date:May 12, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Baxley Wilder Manly Wells Waites Whipper Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3132 Senate May 12, 1992 Introduced, read first time, 11
referred to Committee
3132 House May 07, 1992 Read third time, sent to
Senate
3132 House May 06, 1992 Amended, read second time
3132 House Apr 15, 1992 Committee Report: Favorable 25
with amendment
3132 House Jan 08, 1991 Introduced and read first 25
time, referred to Committee
3132 House Dec 27, 1990 Prefiled, referred to 25
Committee
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Indicates Matter Stricken
Indicates New Matter
AMENDED
May 6, 1992
H. 3132
Introduced by REPS. Baxley, Wilder, Manly, Wells, Whipper and Waites
S. Printed 5/6/92--H.
Read the first time January 8, 1991.
TO AMEND SECTION 14-7-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REASONS FOR DISQUALIFICATION OF JURORS, SO AS TO PROVIDE THAT A PERSON WHO IS BLIND, HEARING OR SPEECH IMPAIRED, OR PHYSICALLY HANDICAPPED MAY NOT BE DISQUALIFIED TO ACT AS A JUROR OR BE EXCLUDED FROM A JURY LIST OR JURY SERVICE BECAUSE OF THESE HANDICAPS; AND TO AMEND SECTION 15-27-110, RELATING TO INTERPRETERS FOR THE DEAF, SO AS TO PROVIDE THAT AN INTERPRETER BE PROVIDED WHEN A DEAF PERSON IS A JUROR AND PROVIDE CRITERIA FOR THE USE OF AN INTERPRETER WHEN USED TO ASSIST A DEAF JUROR.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-7-810(3) of the 1976 Code is amended to read:
"(3) He is incapable by reason of mental or physical infirmities to render efficient jury service. Legal blindness does not disqualify an otherwise qualified juror. A person who is blind, hearing or speech impaired, or physically handicapped is not disqualified to act as a juror or may not be excluded from a jury list or jury service solely on the basis of the physical disability alone. However, the juror may be disqualified by the court for service upon a particular case if, in the discretion of the court, the evidence is of a nature that the disability of the juror would interfere with his ability to comprehend the evidence. If the court finds that a juror is disqualified due to disability, the court must state its finding on the record."
SECTION 2. Section 15-27-110 of the 1976 Code is amended to read:
"Section 15-27-110. (A) Whenever When any a deaf person is a party to any legal proceeding or a juror or a witness therein in one, or confined to any an institution, the court shall appoint a qualified interpreter, or as many as needed, approved by the deaf person and either the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of such the deaf person unless the deaf person shall waive waives such or the judge shall find finds that such it is not necessary for the fulfillment of justice. The court shall determine a reasonable fee for all such interpreting services which shall must be paid out of the general fund of the State or of the county where the proceedings take place, as designated by the court from those funds appropriated to the Judicial Department by the General Assembly for the office of the Court Interpreter for the Deaf.
(B) In the presence of the jury, the court shall instruct the interpreter to make true, literal, and complete translations of all testimony and other relevant colloquy to the deaf juror to the best of his ability. The court may permit a translator to be present and assist a deaf juror throughout any period during which the jury is sequestered or engaged in its deliberations. In the presence of the jury, the court shall instruct the interpreter to refrain from participating in any manner in the deliberations of the jury and to refrain from having any communications, oral or visual, with any member of the jury regarding the deliberations of the jury except for the literal translations of jurors' remarks made during deliberations. The verdict of the jury is valid even though the interpreter was present during deliberations."
SECTION 3. This act takes effect upon approval by the Governor.