Current Status Introducing Body:Senate Bill Number:627 Primary Sponsor:Rose Committee Number:14 Type of Legislation:SR Subject:Senate Rule Residing Body:Senate Current Committee:Rules Computer Document Number:436/11211.DW Introduced Date:Feb 12, 1991 Last History Body:Senate Last History Date:Feb 12, 1991 Last History Type:Introduced, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:Senate Resolution
Bill Body Date Action Description CMN
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627 Senate Feb 12, 1991 Introduced, referred to 14
Committee
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TO AMEND RULE 45.1 OF THE RULES OF THE SENATE, RELATING TO ACTIONS AFFECTING A SENATOR INDICTED FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR AN AUTOMATIC RATHER THAN VOLUNTARY SUSPENSION OF A SENATOR INDICTED FOR CERTAIN CRIMES AND PROVIDE FOR THE SUBSEQUENT AUTOMATIC REMOVAL OF A SENATOR CONVICTED OF THE CRIME GIVING RISE TO THE SUSPENSION.
Be it resolved by the Senate:
That Rule 45.1 of the Senate be amended to read:
Action to be taken against members; indictment or information, plea of guilty or nolo contendere, or conviction regarding certain crimes; restitution of back pay and restoration to other benefits and privileges of membership
(a) If an indictment or information on a felony or offense against the election laws is filed or returned against a member of the Senate, the member indicted or informed against may request the President Pro Tempore to excuse the member, without pay, from all privileges of membership of the Senate and the President Pro Tempore shall comply with the request.
If the indictment or information is either not prossed or dismissed, or if the member is found not guilty of the offense or offenses charged or of lesser included offenses, the member may immediately return to active Senate duties and shall be paid all back pay and be restored to all other benefits and privileges retroactive to the date the member was excused.
(b) A member who enters a plea of guilty or nolo contendere to any offense listed in subsection (a), must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate through the remainder of that member's term. In addition, the Senate Ethics Committee shall recommend expulsion of such member to the Senate and the Senate shall vote on the expulsion of such member in accordance with Section 12 of Article III of the Constitution of this State.
(c) A member convicted of any offense listed in subsection (a) must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate pending final appellate action or the end of that member's term, whichever occurs first. If no appeal is taken by the member convicted, or if his appeal is denied, or if the final appellate decision is to sustain the conviction and the member's resignation is not forthcoming, the Senate Ethics Committee shall recommend expulsion of such member to the Senate, and the Senate shall vote on the member's expulsion in accordance with Section 12 of Article III of the Constitution of this State.
If the final appellate decision is to vacate the conviction and there is a retrial or rehearing, the member is subject to the provisions of subsection (a). If the final appellate decision is to vacate the conviction and no charges for any offense listed in subsection (a) remain against the member, the member is entitled to restitution of back pay and restoration of all other benefits and privileges of membership of the Senate retroactive to the date of suspension.
(d) The action provided for in subsections (a), (b), and (c) of this rule is in addition to any action provided by law or other Senate rule.
(A) In addition to the actions permitted by Section 8-13-250 of the Code of Laws of South Carolina, 1976, a Senator who, while serving as a Senator, is indicted in a General Sessions Court or a Federal Court for a crime that is a felony, a crime that involves moral turpitude, a crime that has a sentence of two or more years, or a crime that violates election laws, must be suspended by the President Pro Tempore immediately. This suspension will remain in effect until the Senator is acquitted or convicted. In case of conviction, the office must be declared vacant.
(B) If an election for members of the Senate intervenes between the time of the suspension and final conclusion of the indictment, the President shall again suspend him at the beginning of the session. The suspended Senator may not, at any time, participate in the business of the Senate."