Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 20, 2005
S. 578
S. Printed 4/20/05--S.
Read the first time March 3, 2005.
TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE COMPUTER BY A COUNTY FOR DRAWING AND SUMMONING JURORS, SO AS TO PROVIDE THAT PHYSICAL PRESENCE OF JURY COMMISSIONERS IS NOT REQUIRED, THE DRAWING AND SUMMONING MUST TAKE PLACE PUBLICLY IN THE OFFICE OF THE CLERK OF COURT, AND THE SUPREME COURT SHALL DIRECT BY ORDER APPROPRIATE PROCEDURES REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-7-140 of the 1976 Code, as last amended by Act 299 of 1988, is further amended to read:
"Section 14-7-140. In lieu of the manner required by Notwithstanding the provisions of this chapter, the jury commissioners of a county, when drawing and summoning jurors for the court of common pleas, or general sessions, or the grand jury, may at the discretion of the governing body of the county utilize a computer for this purpose in the manner the Supreme Court by order directs at the discretion of the governing body of the county. Computer software employed for the purpose of drawing and summoning jurors must be designed so as to ensure a random selection of jurors from the population available for jury service. The physical presence of all the jury commissioners is not required at the computerized drawing and summoning of jurors if the governing body of the county establishes a secure procedure allowing for their participation by other means. The computerized drawing and summoning of jurors must take place in the office of the clerk of court as a public event to ensure the absolute integrity of the random selection process. The Supreme Court shall direct by order the appropriate procedures required to implement the provisions of this section."
SECTION 2. Section 14-7-230 of the 1976 Code is amended to read:
"Section 14-7-230. When provision is made by law or by rule of court for a child under ten years of age to draw the names of the jurors for the purpose of impaneling a jury, either a person who is totally blind or a child under the age of ten years may draw the names of the jurors whenever the court may so direct with the same force and effect as a child under ten years of age.
If a child under ten years of age or a totally blind person is not present in the courtroom, the clerk of court, with the approval of the presiding judge, may designate a responsible and impartial person to draw the names of the jurors.
The clerk of court must use one of the following methods for drawing the names of jurors for the purpose of impaneling a jury:
(1) drawing of the names of jurors by a responsible and impartial person designated by the clerk of court, with the approval of the presiding judge; or
(2) drawing of the names of jurors by computer, subject to the provisions of Section 14-7-140."
SECTION 3. Section 14-7-1060 of the 1976 Code is amended to read:
"Section 14-7-1060. The If a computer is not used for the drawing of jurors pursuant to the provisions of Section 14-7-140, the clerk shall write or cause the names of the jurors in attendance to be written, each on a separate paper or ballot which must be white and plain, which must resemble each other as much as possible, and which must be so folded that the name written thereon is not visible on the outside. The clerk shall place each of the ballots or separate papers in a separate, small opaque capsule or container, which must be as uniform in size, shape, and color as possible at the time of original purchase or repurchase of the capsules or containers. Whenever a jury panel of twenty is to be drawn, these capsules or containers must be placed in a small rotating drum, cylindrical in shape, having a handle at the end thereof and resting on such supports that it can be turned by means of the handle, the drum, capsules and other equipment to be furnished by the jury commissioners and approved by the resident judge. When the containers or capsules have been placed in the drum, it must be completely closed and securely fastened and rotated by means of the handle for a sufficient length of time necessary for a complete mixing of the containers or capsules and the required number of jurors must then be drawn, one by one, by a child under ten years of age, or by a blind person in the presence of the court responsible and impartial person designated by the clerk of court, with the approval of the presiding judge. The names of the jurors so drawn must be returned to the capsules and replaced in the drum when the jurors are no longer actually engaged in service on a trial jury."
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:48 P.M.