§ 16-3-21 — Jury instruction as to discussion of verdict.

(A) In all cases in which an individual is sentenced to death, the trial judge shall, before the dismissal of the jury, verbally instruct the jury concerning the discussion of its verdict. A standard written instruction shall be promulgated by the Supreme Court for use in all capital cases. (B) The verbal instruction shall include: (1) the right of the juror to refuse to discuss the verdict; (2) the right of the juror to discuss the verdict to the extent that the juror so chooses; (3) the right of the juror to terminate any discussion pertaining to the verdict at any time the juror so chooses; (4) the right of the juror to report any person who continues to pursue a discussion of the verdict or who continues to harass the juror after the juror has refused to discuss the verdict or communicated a desire to terminate discussion of the verdict; and (5) the name, address, and phone number of the person or persons to whom the juror should report any harassment concerning the refusal to discuss the verdict or the juror's decision to terminate discussion of the verdict. (C) In addition to the verbal instruction of the trial judge, each juror, upon dismissal from jury service, shall receive a copy of the written jury instruction set forth in subsection (A).

Legislative History

HISTORY: 1996 Act No. 448, SECTION 2. Editor's Note 1996 Act No. 448, SECTION 1, eff June 18, 1996, provides as follows: "SECTION 1. This act [consisting of SECTIONS 16-3-21, 17-25-380, 17-27-130, 17-27-150, and 17-27-160] is known and may be cited as the 'South Carolina Effective Death Penalty Act of 1996'."