Reference is to the bill as introduced.
Amend the bill, as and if amended, Section 35-11-105(4), as contained in SECTION 1, Page 2, Line 12, by striking item (4) in its entirety and inserting:
/ (4) 'Commissioner' means the South Carolina Attorney General. /
Amend the bill further, as and if amended, SECTION 1, Page 25, after line 26, by adding:
/ Section 35-11-740.
(A)(1) A person who, knowing that the
property involved in a financial transaction represents the
proceeds of, or is derived directly or indirectly from the
proceeds of unlawful activity, conducts or attempts to conduct
such a financial transaction that in fact involves the
proceeds:
(a)
with the intent to promote the carrying on of unlawful
activity; or
(b)
knowing that the transaction is designed in whole or in
part to conceal or disguise the nature, location, sources,
ownership, or control of the proceeds of unlawful activity;
is guilty of a felony and, upon conviction, must be punished as
follows:
(i)
for a Class F felony if the transactions exceed three
hundred dollars but are less than twenty thousand dollars in a
twelve-month period;
(ii)
for a Class E felony for transactions that total or exceed
twenty thousand dollars but are less than one hundred thousand
dollars in a twelve-month period; or
(iii)
for a Class C felony for transactions that total or exceed
one hundred thousand dollars in a twelve-month period.
In addition to the these penalties, a
person who is found guilty of or who pleads guilty or nolo
contendere to having violated this section may be sentenced to
pay a fine not to exceed two hundred fifty thousand dollars, or
twice the value of the financial transactions, whichever is
greater; however, for a second or subsequent violation of this
section, the fine may be up to five hundred thousand dollars, or
quintuple the value of the financial transactions, whichever is
greater.
(2)
A person who transports, transmits, or transfers, or
attempts to transport, transmit, or transfer a monetary
instrument or funds from a place in South Carolina to or through
a place outside the United States or to a place in South
Carolina from or through a place outside the United States:
(a)
with the intent to promote the carrying on of unlawful
activity; or
(b)
knowing that the monetary instrument or funds involved in
the transportation represent the proceeds of unlawful activity
and knowing that the transportation is designed in whole or in
part to conceal or disguise the nature, location, source,
ownership, or control of the proceeds of unlawful activity is
guilty of a felony and, upon conviction, must be punished as
follows:
(i)
for a Class F felony if the transactions exceed three
hundred dollars but are less than twenty thousand dollars in a
twelve-month period;
(ii)
for a Class E felony for transactions that total or exceed
twenty thousand dollars but are less than one hundred thousand
dollars in a twelve-month period; or
(iii)
for a Class C felony for transactions that total or exceed
one hundred thousand dollars in a twelve-month period.
In addition to the these penalties, a
person who is found guilty of or who pleads guilty or nolo
contendere to having violated this section may be sentenced to
pay a fine not to exceed two hundred fifty thousand dollars or
twice the value of the financial transactions, whichever is
greater; however, for a second or subsequent violation of this
section, the fine may be up to five hundred thousand dollars, or
quintuple the value of the financial transactions, whichever is
greater.
(3)
A person with the intent:
(a)
to promote the carrying on of unlawful activity; or
(b)
to conceal or disguise the nature, location, source,
ownership, or control of property believed to be the proceeds of
unlawful activity, conducts or attempts to conduct a financial
transaction involving property represented by a law enforcement
officer to be the proceeds of unlawful activity, or property
used to conduct or facilitate unlawful activity is guilty of a
felony and, upon conviction, must be punished as follows:
(i)
for a Class F felony if the transactions exceed three
hundred dollars but are less than twenty thousand dollars in a
twelve-month period;
(ii)
for a Class E felony for transactions that total or exceed
twenty thousand Dollars but are less than one hundred thousand
dollars in a twelve-month period; or
(iii)
for a Class C felony for transactions that total or exceed
one hundred thousand dollars in a twelve-month period.
In addition to the these penalties, a
person who is found guilty of or who pleads guilty or nolo
contendere to having violated this section may be sentenced to
pay a fine not to exceed two hundred fifty thousand dollars or
twice the value of the financial transactions, whichever is
greater; however, for a second or subsequent violation of this
section, the fine may be up to five hundred thousand dollars or
quintuple the value of the financial transactions, whichever is
greater.
For purposes of this subitem, the term 'represented' means a
representation made by a law enforcement officer or by another
person at the direction of, or with the approval of, a state
official authorized to investigate or prosecute violations of
this section.
(B) A person who
conducts or attempts to conduct a transaction described in
subsection (A)(1), or transportation described in subsection
(A)(2), is liable to the State for a civil penalty of not more
than the greater of:
(1)
the value of the property, funds, or monetary instruments
involved in the transaction; or
(2)
ten thousand dollars.
A court may issue a pretrial restraining order or take another
action necessary to ensure that a bank account or other property
held by the defendant in the United States is available to
satisfy a civil penalty under this section.
(C) As used in this
section:
(1)
the term 'conducts' includes initiating, concluding, or
participating in initiating or concluding a transaction;
(2)
the term 'transaction' includes a purchase, sale, loan,
pledge, gift, transfer, delivery, or other disposition and, with
respect to a financial institution, includes a deposit,
withdrawal, transfer between accounts, exchange of currency,
loan, extension of credit, purchase or sale of a stock, bond,
certificate of deposit, or other monetary instrument, or another
payment, transfer, or delivery by, through, or to a financial
institution, by whatever means effected;
(3)
the term 'financial transaction' means a transaction
involving the movement of funds by wire or other means or
involving one or more monetary instruments;
(4)
the term 'monetary instruments' means coin or currency of
the United States or of another country, travelers' checks,
personal checks, bank checks, money orders, investment
securities in bearer form or otherwise in that form that title
to it passes upon delivery, and negotiable instruments in bearer
form or otherwise in that form that title to it passes upon
delivery;
(5)
the term 'financial institution' has the definition given
that term in Section 5312(a)(2), Title 31, United States Code,
and the regulations promulgated thereunder.
(D)
Nothing in this section supersedes a provision of law
imposing criminal penalties or affording civil remedies in
addition to those provided for in this section, and nothing in
this section precludes reliance in the appropriate case upon the
provisions set forth in Section 44-53-475.
Amend the bill further, as and if amended, Page 26, after line 9, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Section 14-7-1630(A) of the 1976 Code, as last amended by Act 7 of 2015, is further amended to read:
"(A) The
jurisdiction of a state grand jury impaneled pursuant to this
article extends throughout the State. The subject matter
jurisdiction of a state grand jury in all cases is limited to
the following offenses:
(1)
a crime involving narcotics, dangerous drugs, or
controlled substances, or a crime arising out of or in
connection with a crime involving narcotics, dangerous drugs, or
controlled substances, including, but not limited to, money
laundering as specified in Section 44-53-475, obstruction of
justice, perjury or subornation of perjury, or any attempt,
aiding, abetting, solicitation, or conspiracy to commit one of
the aforementioned crimes, if the crime is of a multi-county
nature or has transpired or is transpiring or has significance
in more than one county of this State;
(2)
a crime involving criminal gang activity or a pattern of
criminal gang activity pursuant to Article 3, Chapter 8, Title
16;
(3)
a crime, statutory, common law or other, involving public
corruption as defined in Section 14-7-1615, a crime, statutory,
common law or other, arising out of or in connection with a
crime involving public corruption as defined in Section
14-7-1615, and any attempt, aiding, abetting, solicitation, or
conspiracy to commit a crime, statutory, common law or other,
involving public corruption as defined in Section 14-7-1615;
(4)
a crime involving the election laws, including, but not
limited to, those named offenses specified in Title 7, or a
common law crime involving the election laws if not superseded,
or a crime arising out of or in connection with the election
laws, or any attempt, aiding, abetting, solicitation, or
conspiracy to commit a crime involving the election laws;
(5)
a crime involving computer crimes, pursuant to Chapter 16,
Title 16, or a conspiracy or solicitation to commit a crime
involving computer crimes;
(6)
a crime involving terrorism, or a conspiracy or
solicitation to commit a crime involving terrorism. Terrorism
includes an activity that:
(a)
involves an act dangerous to human life that is a
violation of the criminal laws of this State;
(b)
appears to be intended to:
(i)
intimidate or coerce a civilian population;
(ii)
influence the policy of a government by intimidation or
coercion; or
(iii)
affect the conduct of a government by mass destruction,
assassination, or kidnapping; and
(c)
occurs primarily within the territorial jurisdiction of
this State;
(7)
a crime involving a violation of Chapter 1, Title 35 of
the Uniform Securities Act, or a crime related to securities
fraud or a violation of the securities laws;
(8)
a crime involving obscenity, including, but not limited
to, a crime as provided in Article 3, Chapter 15, Title 16, or
any attempt, aiding, abetting, solicitation, or conspiracy to
commit a crime involving obscenity;
(9)
a crime involving the knowing and wilful making of, aiding
and abetting in the making of, or soliciting or conspiring to
make a false, fictitious, or fraudulent statement or
representation in an affidavit regarding an alien's lawful
presence in the United States, as defined by law, if the number
of violations exceeds twenty or if the public benefit received
by a person from a violation or combination of violations
exceeds twenty thousand dollars;
(10)
a crime involving financial identity fraud or identity
fraud involving the false, fictitious, or fraudulent creation or
use of documents used in an immigration matter as defined in
Section 16-13-525, if the number of violations exceeds twenty,
or if the value of the ascertainable loss of money or property
suffered by a person or persons from a violation or combination
of violations exceeds twenty thousand dollars;
(11)
a crime involving the knowing and wilful making of, aiding
or abetting in the making of, or soliciting or conspiring to
make a false, fictitious, or fraudulent statement or
representation in a document prepared or executed as part of the
provision of immigration assistance services in an immigration
matter, as defined by law, if the number of violations exceeds
twenty, or if a benefit received by a person from a violation or
combination of violations exceeds twenty thousand dollars;
(12)
a knowing and wilful crime involving actual and
substantial harm to the water, ambient air, soil or land, or
both soil and land. This crime includes a knowing and wilful
violation of the Pollution Control Act, the Atomic Energy and
Radiation Control Act, the State Underground Petroleum
Environmental Response Bank Act, the State Safe Drinking Water
Act, the Hazardous Waste Management Act, the Infectious Waste
Management Act, the Solid Waste Policy and Management Act, the
Erosion and Sediment Control Act, the South Carolina Mining Act,
and the Coastal Zone Management Act, or a knowing and wilful
crime arising out of or in connection with environmental laws,
or any attempt, aiding, abetting, solicitation, or conspiracy to
commit a knowing and wilful crime involving the environment if
the anticipated actual damages, including, but not limited to,
the cost of remediation, is two million dollars or more, as
certified by an independent environmental engineer who must be
contracted by the Department of Health and Environmental
Control. If the knowing and wilful crime is a violation of
federal law, a conviction or an acquittal pursuant to federal
law for the same act is a bar to the impaneling of a state grand
jury pursuant to this section; and
(13)
a crime involving or relating to the offense of
trafficking in persons, as defined in Section 16-3-2020, when a
victim is trafficked in more than one county or a trafficker
commits the offense of trafficking in persons in more than one
county.; and
(14) A crime
involving a violation of the South Carolina Anti-Money
Laundering Act as set forth in Chapter 11, Title 35, or a crime
related to a violation of the Anti-Money Laundering
Act." /
Renumber sections to conform.
Amend title to conform.