South Carolina General Assembly
115th Session, 2003-2004

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Bill 3867

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

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COMMITTEE REPORT

May 21, 2003

H. 3867

Introduced by Rep. Harrison

S. Printed 5/21/03--S.

Read the first time April 29, 2003.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3867) to amend Section 14-25-165, as amended, Code of Laws of South Carolina, 1976, relating to drawing and composing a jury in municipal court, etc., respectfully

REPORT:

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, by striking all after the enacting words and inserting therein the following:

/    SECTION    1.    Section 14-25-165 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:

"Section 14-25-165.    (a)(1)    The drawing and composing of juries for single trials or terms of court must be conducted, mutatis mutandis with necessary changes, according to the statutes relating to the drawing and composing of juries in magistrates courts, except as otherwise specifically provided by this chapter.

(2)    A person appointed by the municipal judge who is not connected with the trial of the case for either party shall must draw out of Compartment 'A' of the jury box at least thirty but not more than one hundred names, and the list of names so drawn must be delivered to each party or to the attorney for each party.

(3)    If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to before implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw not less than thirty at least one hundred names, but not more than a number determined sufficient by court administration for the jury list, and shall must deliver this list to each party or the attorney for each party.

(b)(1)    In addition to the procedure for drawing a jury list as provided for in subsection (a), in those courts which schedule terms for jury trials, the judge may select a jury list in the manner provided by this subsection.

(2)    Not less than At least ten nor but not more than twenty forty-five days before a scheduled term of jury trials, a person selected by the presiding judge shall must draw at least forty but not more than one hundred jurors to serve one week only.

(3)    If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to before implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw not less than forty at least one hundred names, but not more than a number determined sufficient by court administration to serve one week only.

(4)    Immediately after the jurors are drawn, the judge shall must issue his a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the chief of police or may be served by regular mail by the clerk of court.

(c)    The names drawn pursuant to either subsection (a) or (b) shall must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party shall have has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and such any other challenges for cause as the court may permit permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names shall must be randomly drawn randomly from Compartment 'A' until sufficient jurors and alternates are selected.

(d)    Where a jury is drawn and composed for a single trial, as provided in subsection (a) above, the parties shall exercise peremptory challenges in advance of the trial date, and only persons selected to serve and alternates shall be summoned for the trial."

SECTION    2.    Section 22-2-50 of the 1976 Code is amended to read:

"Section 22-2-50.    The In October of each year, the State Election Commission shall annually must provide to the chief magistrate for administration of each county, at no cost, a precinct-by-precinct list of qualified electors residing within the county jury list compiled in accordance with the provisions of Section 14-7-130. The chief magistrate for administration of the county shall must use such these lists in preparing, for each Jury Area jury area, a list of the qualified electors therein in these jury areas, and shall must forward these lists to the respective magistrates."

SECTION    3.    Section 22-2-80 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:

"Section 22-2-80.    (A)    In all cases except as provided in Section 22-2-90 in a magistrates court in which a jury is required, a jury list must be selected in the following manner:

A person appointed by the magistrate who is not connected with the trial of the case for either party shall must draw out of Compartment 'A' of the jury box at least thirty but not more than one hundred names, and this list of names must be delivered to each party or to the attorney for each party.

(B)    If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw not less than thirty at least one hundred names, but not more than a number determined sufficient by court administration for the jury list, and shall must deliver this list to each party or the attorney for each party."

SECTION    4.    Section 22-2-90 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:

"Section 22-2-90.    (A)    In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in a magistrates court which schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section.

(B)    Not less than At least ten nor but not more than twenty forty-five days before a scheduled term of jury trials, a person selected by the presiding magistrate shall must draw at least forty but not more than one hundred jurors to serve one week only.

(C)    If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw not less than forty at least one hundred names, but not more than a number determined sufficient by court administration to serve one week only.

(D)    Immediately after the jurors are drawn, the magistrate shall must issue his a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the magistrates constable or the sheriff of the county concerned."

SECTION    5.    Section 22-2-100 of the 1976 Code is amended to read:

"Section 22-2-100.    The names drawn pursuant to either Section 22-2-80 or Section 22-2-90 shall must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party shall have has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and such any other challenges for cause as the court may permit permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names shall must be randomly drawn randomly from Compartment 'A' until sufficient jurors and alternates are selected."

SECTION    6.    Section 22-2-120 of the 1976 Code is amended to read:

"Section 22-2-120.    If at the time set for the trial there are not sufficient jurors to proceed for the reason that because one or more have failed to attend, or have not been summoned, or have been excused or disqualified by the court, additional jurors shall must be selected from the remainder of the thirty remaining names or in the manner as provided in Section 22-2-80 or in the manner as further provided in Section 22-2-100."

SECTION    7.    This act takes effect upon approval by the Governor.    /

Renumber sections to conform.

Amend title to conform.

GLENN F. McCONNELL for Committee.

            

A BILL

TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.

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

SECTION    1.    Section 14-25-165 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:

"Section 14-25-165.    (a)(1)    The drawing and composing of juries for single trials or terms of court must be conducted, mutatis mutandis with necessary changes, according to the statutes relating to the drawing and composing of juries in magistrates courts, except as otherwise specifically provided by this chapter.

(2)    A person appointed by the municipal judge who is not connected with the trial of the case for either party shall draw out of Compartment 'A' of the jury box no fewer than thirty but not more than one hundred names, and the list of names so drawn must be delivered to each party or to the attorney for each party.

(3)    If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to before implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw not less no fewer than thirty one hundred names, but not more than a number determined sufficient by court administration for the jury list, and shall deliver this list to each party or the attorney for each party.

(b)(1)    In addition to the procedure for drawing a jury list as provided for in subsection (a), in those courts which schedule terms for jury trials, the judge may select a jury list in the manner provided by this subsection.

(2)    Not less No fewer than ten nor more than twenty days before a scheduled term of jury trials, a person selected by the presiding judge shall draw at least forty but not more than one hundred jurors to serve one week only.

(3)    If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to before implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw not less no fewer than forty one hundred names, but not more than a number determined sufficient by court administration to serve one week only.

(4)    Immediately after the jurors are drawn, the judge shall issue his a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the chief of police or may be served by regular mail by the clerk of court.

(c)    The names drawn pursuant to either subsection (a) or (b) shall must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party shall have a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and such any other challenges for cause as the court may permit permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names shall must be randomly drawn randomly from Compartment 'A' until sufficient jurors and alternates are selected.

(d)    Where a jury is drawn and composed for a single trial, as provided in subsection (a) above, the parties shall exercise peremptory challenges in advance of the trial date, and only persons selected to serve and alternates shall be summoned for the trial."

SECTION    2.    Section 22-2-80 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:

"Section 22-2-80.    (A)    In all cases except as provided in Section 22-2-90 in a magistrates court in which a jury is required, a jury list must be selected in the following manner: a person appointed by the magistrate who is not connected with the trial of the case for either party shall draw out of Compartment 'A' of the jury box no fewer than thirty but not more than one hundred names, and this list of names must be delivered to each party or to the attorney for each party.

(B)    If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw not less no fewer than thirty one hundred names, but not more than a number determined sufficient by court administration for the jury list, and shall deliver this list to each party or the attorney for each party."

SECTION    3.    Section 22-2-90 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:

"Section 22-2-90.    (A)    In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in a magistrates court which schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section.

(B)    Not less No fewer than ten nor more than twenty days before a scheduled term of jury trials, a person selected by the presiding magistrate shall draw no fewer than forty but not more than one hundred jurors to serve one week only.

(C)    If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw not less no fewer than forty one hundred names, but not more than a number determined sufficient by court administration to serve one week only.

(D)    Immediately after the jurors are drawn, the magistrate shall issue his a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the magistrate's constable or the sheriff of the county concerned."

SECTION    4.    Section 22-2-100 of the 1976 Code is amended to read:

"Section 22-2-100.    The names drawn pursuant to either Section 22-2-80 or Section 22-2-90 shall must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party shall have has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and such any other challenges for cause as the court may permit permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names shall must be randomly drawn randomly from Compartment 'A' until sufficient jurors and alternates are selected."

SECTION    5.    Section 22-2-120 of the 1976 Code is amended to read:

"Section 22-2-120.    If at the time set for the trial there are not sufficient jurors to proceed for the reason that because one or more have failed to attend, or have not been summoned, or have been excused or disqualified by the court, additional jurors shall must be selected from the remainder of the thirty remaining names or in the manner as provided in Section 22-2-80 or in the manner as further provided in Section 22-2-100."

SECTION 6.    Section 22-2-50 of the 1976 Code is amended to read:

"Section 22-2-50.    In October of each year, the State Election Commission shall annually provide the chief magistrate for administration of each county, at no cost, a precinct-by-precinct list of qualified electors residing within the county jury list compiled in the same manner and in accordance with the provisions of Section 14-7-130. The chief magistrate for administration of the county shall use such these lists in preparing, for each jury area, a list of the qualified electors therein in these jury areas and shall forward these lists to the respective magistrates."

SECTION    7.    This act takes effect upon approval by the Governor.

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