2003-2004 Bill 3396: Victim Fairness Act - South Carolina Legislature Online

South Carolina General Assembly

115th Session, 2003-2004

H. 3396

STATUS INFORMATION

General Bill

Sponsors: Rep. W.D.Smith

Document Path: l:\council\bills\bbm\9400zw03.doc

Companion/Similar bill(s): 68, 3529

Introduced in the House on January 22, 2003

Currently residing in the House Committee on Judiciary

Summary: "Victim Fairness Act"

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

1/22/2003HouseIntroduced and read first time HJ17

1/22/2003HouseReferred to Committee on JudiciaryHJ17

VERSIONS OF THIS BILL

1/22/2003

A BILL

TO AMEND SECTION 1471110, AS AMENDED, AND SECTION 1471120, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO PEREMPTORY CHALLENGES, SO AS TO ALLOW THE PROSECUTION THE SAME NUMBER OF PEREMPTORY CHALLENGES AS THE DEFENSE IN CRIMINAL CASES.

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

SECTION1.This act may be cited as the “Victim Fairness Act”.

SECTION2.Section 1471110 of the 1976 Code, as last amended by Act 10 of 1987, is further amended to read:

“Section 1471110.AnyA person who is arraignedindicted for the crime of murder, manslaughter, burglary, arson, criminal sexual conduct, armed robbery, grand larceny, or breach of trust when it is punishable as for grand larceny, perjury, or forgery is entitled to peremptory challenges not exceeding ten, and the State in these cases is entitled to peremptory challenges not exceeding fiveten. AnyA person who is indicted for any crime or offense other than those enumerated abovemurder has the right to peremptory challenges not exceeding five, and the State in these cases is entitled to peremptory challenges not exceeding five. No right to stand aside jurors is allowed to the State in any case whatsoever. In noa case where there is more than one defendant jointly is tried,areno more than twentyten peremptory challenges are allowed in all to the defendants, and in misdemeanors when there is more than one defendant jointly tried no more than ten peremptory challenges are allowed in all to the defendants. In felonies when there is more than one defendant jointly triedto the State has ten challenges.”

SECTION3.Section 1471120 of the 1976 Code is amended to read:

“Section 1471120.In criminal cases the prosecution is entitled to onetwo and the defendant to two peremptory challenges for each alternate juror called under the provisions of Section 147320.and In civil cases, each party shall have one strike for each alternate juror.”

SECTION4.This act takes effect upon approval by the Governor.

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