S*555 Session 109 (1991-1992)
S*0555(Rat #0375, Act #0335 of 1992) General Bill, By T.H. Pope, Courson,
Drummond, H.U. Fielding, Giese, F. Gilbert, J.C. Hayes, R.L. Helmly, D.L. Hinds,
C.T. Hinson, Holland, Leatherman, J.M. Long, I.E. Lourie, A.S. Macaulay,
J.A. Martin, S.S. Martschink, Matthews, McConnell, McGill, T.W. Mitchell, Moore,
M.F. Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Reese, M.T. Rose,
Russell, Saleeby, Setzler, J.V. Smith, N.W. Smith, Thomas, J.M. Waddell,
Washington and Wilson
A Bill to amend Article 15, Chapter 7, Title 14, Code of Laws of South
Carolina, 1976, relating to the State Grand Jury System, so as to revise the
jurisdiction and certain procedures of the System.
01/29/91 Senate Introduced and read first time SJ-11
01/29/91 Senate Referred to Committee on Judiciary SJ-11
04/24/91 Senate Committee report: Favorable with amendment
Judiciary SJ-11
04/25/91 Senate Retaining place on calendar committed to
Committee on Finance SJ-76
05/09/91 Senate Committee report: Favorable with amendment
Finance SJ-14
01/22/92 Senate Special order SJ-12
01/28/92 Senate Amended SJ-19
01/28/92 Senate Read second time SJ-23
01/28/92 Senate Ordered to third reading with notice of
amendments SJ-23
02/06/92 Senate Special order SJ-32
02/25/92 Senate Amended SJ-30
02/25/92 Senate Read third time and sent to House SJ-31
02/26/92 House Introduced and read first time HJ-24
02/26/92 House Referred to Committee on Judiciary HJ-24
02/26/92 Senate Recalled from House SJ-13
02/27/92 House Refused to return HJ-3
03/18/92 House Committee report: Favorable with amendment
Judiciary HJ-15
03/31/92 House Debate adjourned until Thursday, April 2, 1992 HJ-5
04/02/92 House Amended HJ-23
04/02/92 House Read second time HJ-24
04/02/92 House Unanimous consent for third reading on next
legislative day HJ-24
04/03/92 House Read third time and returned to Senate with
amendments HJ-4
04/08/92 Senate Concurred in House amendment and enrolled SJ-25
04/28/92 Ratified R 375
05/04/92 Signed By Governor
05/04/92 Effective date 05/04/92
05/04/92 Act No. 335
05/26/92 Copies available
(A335, R375, S555)
AN ACT TO AMEND ARTICLE 15, CHAPTER 7, TITLE
14, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE STATE GRAND JURY SYSTEM, SO AS
TO REVISE THE JURISDICTION AND CERTAIN
PROCEDURES OF THE SYSTEM.
Be it enacted by the General Assembly of the State of South
Carolina:
Jurisdiction and procedures of state grand jury
revised
SECTION 1. Article 15, Chapter 7 of the 1976 Code is amended
to read:
"Article 15
State Grand Jury System
Section 14-7-1600. This article may be cited as the `State
Grand Jury Act', and any state grand jury which may be convened
as provided herein to be known as a `State Grand Jury of South
Carolina'.
Section 14-7-1610. It is the intent of the General Assembly to
enhance the grand jury system and to improve the ability of the
State to detect and eliminate criminal activity. The General
Assembly recognizes the great importance of having the federal
authorities available for certain investigations. The General
Assembly finds that crimes involving narcotics, dangerous drugs,
or controlled substances, as well as crimes involving obscenity,
often transpire or have significance in more than one county of
this State. When this occurs, these crimes are most effectively
detected and investigated by a grand jury system which has the
authority to cross county lines.
The General Assembly further finds that there is a need to
enhance the grand jury system to improve the ability of the State
to detect and eliminate public corruption. Crimes involving public
corruption transpire at times in a single county, but often transpire
or have significance in more than one county of this State. The
General Assembly believes that a state grand jury, possessing
considerably broader investigative authority than individual
county grand juries, should be available to investigate public
corruption offenses in South Carolina.
The General Assembly further finds that there is a need to
enhance the grand jury system to improve the ability of the State
to detect and investigate crimes involving the election laws,
including, but not limited to, those named offenses as specified in
Title 7, or any common law crimes involving the election laws
where not superseded, or any 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.
The General Assembly further finds that related criminal
activity often arises out of or in connection with crimes involving
narcotics, dangerous drugs or controlled substances, obscenity, or
public corruption, and that the mechanism for detecting and
investigating these related crimes must be improved also.
Accordingly, the General Assembly concludes that a state
grand jury should be allowed to investigate certain crimes related
to narcotics, dangerous drugs, and obscenity and should also be
allowed to investigate crimes involving public corruption and
election laws.
Nothing herein limits the authority of a county grand jury,
solicitor, or other appropriate law enforcement personnel to
investigate, indict, or prosecute offenses within the jurisdiction of
the state grand jury.
Section 14-7-1615. For purposes of this article:
(A) the phrase `Attorney General or his designee' also includes:
(1) the Attorney General or his designees;
(2) the Attorney General and his designee or
designees.
(B) The term `public corruption' means any unlawful activity,
under color of or in connection with any public office or
employment, of:
(1) any public official, public member, or public
employee, or the agent, servant, assignee, consultant, contractor,
vendor, designee, appointee, representative, or any other person of
like relationship, by whatever designation known, of any public
official, public member, or public employee under color of or in
connection with any public office or employment; or
(2) any candidate for public office or the agent, servant,
assignee, consultant, contractor, vendor, designee, appointee,
representative of, or any other person of like relationship, by
whatever name known, of any candidate for public office.
Section 14-7-1620. There is established a state grand jury
system, each state grand jury consisting of eighteen persons who
shall meet in Columbia or at another suitable place in this State
designated by the chief administrative judge of the judicial circuit
in which the Attorney General seeks to impanel a state grand jury
for a term hereinafter provided. Twelve members of a state grand
jury constitute a quorum.
Section 14-7-1630. (A) The jurisdiction of a state grand jury
impaneled under 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) crimes involving narcotics, dangerous drugs, or controlled
substances, or any 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, and crimes involving obscenity or any
attempt, aiding, abetting, solicitation, or conspiracy to commit any
of the aforementioned crimes if the crimes are of a multi-county
nature or have transpired or are transpiring or have significance in
more than one county of this State; and
(2) any crime, statutory, common law or other, involving
public corruption as defined in Section 14-7-1615, any 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 any crime, statutory, common law or other,
involving public corruption as defined in Section 14-7-1615;
and
(3) crimes involving the election laws, including, but not
limited to, those named offenses as specified in Title 7, or any
common law crimes involving the election laws where not
superseded, or any 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.
(B) Whenever the Attorney General and the Chief of the South
Carolina Law Enforcement Division consider it necessary and
normal investigative or prosecutorial procedures are not adequate,
the Attorney General may petition in writing to the Chief
Administrative Judge of the judicial circuit in which he seeks to
impanel a state grand jury for an order impaneling a state grand
jury. This judge is referred to in this article as the impaneling
judge. The petition must allege the type of offenses to be inquired
into and, in the case of those offenses contained in subsection
(A)(1), must allege that these offenses may be of a multi-county
nature or have transpired or are transpiring or have significance in
more than one county of the State. The petition in all instances
must specify that the public interest is served by the impanelment.
(C) The impaneling judge, after due consideration of the
petition, may order the impanelment of a state grand jury in
accordance with the petition for a term of twelve calendar months.
Upon petition by the Attorney General, the then chief
administrative judge of the judicial circuit in which a state grand
jury was impaneled, by order, may extend the term of that state
grand jury for a period of six months but the term of that state
grand jury, including any extension thereof, shall not exceed two
years.
(D) The chief administrative judge of the circuit wherein a
state grand jury is sitting shall preside over that state grand jury
during his tenure as chief administrative judge. The successor
chief administrative judge shall assume all duties and
responsibilities with regard to any state grand jury impaneled
before his term, including, but not limited to, presiding over the
state grand jury and ruling on petitions to extend its term. This
judge is referred to in this article as the presiding judge.
(E) The presiding judge may discharge a state grand jury prior
to the end of its original term or any extension thereof, upon a
determination that its business has been completed or upon the
request of the Attorney General.
(F) If, at any time within the original term of any state grand
jury or any extension thereof, the presiding judge determines that
the state grand jury is not conducting investigative activity within
its jurisdiction or proper investigative activity, the presiding judge
may limit the investigation so that the investigation conforms with
the jurisdiction of the state grand jury and existing law or he may
discharge the state grand jury. An order issued pursuant to this
subsection or under subsection (E) shall not become effective less
than ten days after the date on which it is issued and actual notice
given to the Attorney General and the foreman of the state grand
jury, and may be appealed by the Attorney General to the
Supreme Court. If an appeal from the order is made, the state
grand jury, except as is otherwise ordered by the Supreme Court,
shall continue to exercise its powers pending disposition of the
appeal.
Section 14-7-1640. A state grand jury may return indictments
irrespective of the county or judicial circuit where the offense is
committed or triable. If an indictment is returned, it must be
certified and transferred for prosecution to the county where the
offense was committed in accordance with Section 14-7-1750.
The powers and duties of and the law applicable to county grand
juries apply to a state grand jury, except when these are
inconsistent with the provisions of this article.
Section 14-7-1650. (A) The Attorney General or his
designee shall attend sessions of a state grand jury and shall serve
as its legal advisor. The Attorney General or his designee shall
examine witnesses, present evidence, and draft indictments and
reports upon the direction of a state grand jury.
(B) In all investigations of the crimes specified in Section
14-7-1630, except in matters where the solicitor(s) or his staff are
the subject(s) of such investigation, the Attorney General shall
consult with the appropriate solicitor(s) of the jurisdiction(s)
where the crime or crimes occurred. After consultation, the
Attorney General shall determine whether the investigation should
be presented to a county grand jury or whether to petition, under
Section 14-7-1630(B), for a state grand jury investigation.
(C) Where it is determined that a conflict of interest
disqualifies a solicitor or the Attorney General from participation
in a state grand jury investigation and prosecution, the following
shall apply:
(1) in the case of a solicitor, the Attorney General shall
conduct such investigation and prosecution unless the Attorney
General and a solicitor not so disqualified concur in the
appointment by the Attorney General of the eligible solicitor as a
designee of the Attorney General pursuant to Sections 14-7-1650
and 14-7-1750;
(2) in the case of the Attorney General's disqualification,
the matter shall be referred to a solicitor for investigation and
prosecution.
Any doubt regarding disqualification shall be resolved by the
presiding judge of the state grand jury.
Section 14-7-1660. In the January following the effective date
of this article and each January thereafter, the jury commissioners
for each county shall proceed to draw at random from the jury box
the name of one person for each one thousand residents or fraction
thereof of the county as determined by the latest United States
census but following the effective date of this article, the
impaneling judge may authorize an interim procedure for the
selection of state grand jurors to constitute the first state grand
jury established pursuant to this article. The jury commissioners
shall not disqualify or excuse any individual whose name is
drawn. When the list is compiled, the clerk of court shall forward
the list to the person designated as the clerk of the state grand jury
by the impaneling judge. Upon receipt of all the lists from the
clerks of court, the clerk of the state grand jury shall draw
therefrom at random a list of seven hundred eligible state grand
jurors, this list to be known as the master list. The clerk of the
state grand jury shall mail to every person whose name is drawn a
juror qualification form, the form and the manner of qualifying
potential state grand jurors to be determined by the Supreme
Court. Based upon these inquiries, the presiding judge shall
determine whether an individual is unqualified for, or exempt, or
to be excused from jury service. The clerk of the state grand jury
shall prepare annually a jury list of persons qualified to serve as
state grand jurors, this list to be known as the qualified state grand
jury list. No state grand juror may be excused or disqualified
except in accordance with existing law.
Upon the impaneling judge ordering a term of a state grand
jury on petition of the Attorney General, the clerk of the state
grand jury, upon the random drawing of the names of sixty
persons from the qualified jury list, shall summon these
individuals to attend the jury selection process for the state grand
jury. The jury selection process must be conducted by the
presiding judge. The clerk of the state grand jury shall issue his
writ of venire facias for these persons, requiring their attendance
at the time designated. The writ of venire facias must be
delivered immediately to the sheriff of the county where the
person resides and served as provided by law. From the sixty
persons so summoned, a state grand jury for that term of eighteen
persons plus four alternates must be drawn in the same manner as
jurors are drawn for service on the county grand jury. Nothing in
this section may be construed to limit the right of the Attorney
General or his designee to request that a potential state grand juror
be excused for cause. Jurors of a state grand jury shall receive a
daily subsistence expense equal to the maximum allowable for the
Columbia, South Carolina area, by regulation of the Internal
Revenue Code when summoned or serving, and also must be paid
the same per diem and mileage as are members of state boards,
commissions, and committees.
Section 14-7-1670. The presiding judge shall appoint one of
the jurors to be foreman and another to be deputy foreman.
During the absence of the foreman, the deputy foreman shall act
as foreman.
Section 14-7-1680. The clerk of the state grand jury, upon the
request of the Attorney General or his designee, shall issue
subpoenas or subpoenas duces tecum to compel individuals,
documents, or other materials to be brought from anywhere in this
State to a state grand jury. In addition, a state grand jury may
proceed in the same manner as provided by the subpoena rules of
the South Carolina Rules of Civil Procedure and Sections 19-9-10
through 19-9-130, except where either is inconsistent with the
provisions of this article; provided the subpoena rules of the South
Carolina Rules of Civil Procedure and Sections 19-9-10 through
19-9-130 are not considered a limitation upon this section, but
supplemental thereto. The subpoenas and subpoenas duces tecum
may be for investigative purposes and for the retention of
documents or other materials so subpoenaed for proper criminal
proceedings. Any law enforcement officer with appropriate
jurisdiction is empowered to serve these subpoenas and subpoenas
duces tecum and receive these documents and other materials for
return to a state grand jury. Any person violating a subpoena or
subpoena duces tecum issued pursuant to this article, or who fails
to fully answer all questions put to him before proceedings of a
state grand jury where the response thereto is not privileged or
otherwise protected by law, including the granting of immunity as
authorized by Section 14-7-1760, may be punished by the
presiding judge for contempt. To this end, where the violation or
failure to answer is alleged to have occurred, the Attorney General
or his designee may petition the presiding judge to compel
compliance by the person alleged to have committed the violation
or who has failed to answer. If the presiding judge considers
compliance is warranted, he may order this compliance and may
punish the individual for contempt where the compliance does not
occur.
The clerk of the state grand jury also may issue subpoenas and
subpoenas duces tecum to compel individuals, documents, or
other materials to be brought from anywhere in this State to the
trial of any indictment returned by a state grand jury or the trial of
any civil forfeiture action arising out of an investigation
conducted by a state grand jury.
Section 14-7-1690. Once a state grand jury has entered into a
term, the petition and order establishing same may be amended as
often as necessary and appropriate so as to expand the areas of
inquiry authorized by the order or to add additional areas of
inquiry thereto. The procedures for amending this authority are
the same as those for filing the original petition and order.
Section 14-7-1700. A court reporter shall record, either
stenographically or by use of an electronic recording device, all
proceedings except when a state grand jury is deliberating or
voting. Subject to the limitations of Section 14-7-1720(A) and (D)
and Rule 5, South Carolina Rules of Criminal Procedure, a
defendant has the right to review and to reproduce the
stenographically or electronically recorded materials. Transcripts
of the recorded testimony or proceedings must be made when
requested by the Attorney General or his designee. Subject to the
limitations of Section 14-7-1720(A) and (D) and Rule 5, South
Carolina Rules of Criminal Procedure, a copy of the transcript of
the recorded testimony or proceedings requested by the Attorney
General or his designee shall be provided to the defendant by the
court reporter, upon request, at the transcript rate established by
the Office of Court Administration. An unintentional failure of
any recording to reproduce all or any portion of the testimony or
proceedings does not affect the validity of the prosecution. The
recording or reporter's notes or any transcript prepared therefrom
and all books, papers, records, correspondence, or other
documents produced before a state grand jury must remain in the
custody and control of the Attorney General or his designee unless
otherwise ordered by the court in a particular case.
Section 14-7-1710. The foreman shall administer an oath or
affirmation in the manner prescribed by law to any witness who
testifies before a state grand jury.
Section 14-7-1720. (A) State grand jury proceedings are
secret, and a state grand juror shall not disclose the nature or
substance of the deliberations or vote of the state grand jury. The
only persons who may be present in the state grand jury room
when a state grand jury is in session, except for deliberations and
voting, are the state grand jurors, the Attorney General or his
designee, the court reporter, an interpreter if necessary, and the
witness testifying. A state grand juror, the Attorney General or
his designee, any interpreter used, the court reporter, and any
person to whom disclosure is made pursuant to subsection (B)(2)
of this section may not disclose the testimony of a witness
examined before a state grand jury or other evidence received by
it except when directed by a court for the purpose of:
(1) ascertaining whether it is consistent with the
testimony given by the witness before the court in any subsequent
criminal proceeding;
(2) determining whether the witness is guilty of perjury;
(3) assisting local, state, other state or federal law
enforcement or investigating agencies, including another grand
jury, in investigating crimes under their investigative jurisdiction;
(4) providing the defendant the materials to which he is
entitled pursuant to Section 14-7-1700;
(5) complying with constitutional, statutory, or other legal
requirements or to further justice.
If the court orders disclosure of matters occurring before a state
grand jury, the disclosure must be made in that manner, at that
time, and under those conditions as the court directs.
(B) In addition, disclosure of testimony of a witness examined
before a state grand jury or other evidence received by it may be
made without being directed by a court to:
(1) the Attorney General or his designee for use in the
performance of their duties; and
(2) those governmental personnel, including personnel of
the State or its political subdivisions, as are considered necessary
by the Attorney General or his designee to assist in the
performance of their duties to enforce the criminal laws of the
State; provided that any person to whom matters are disclosed
under this item (2) shall not utilize that state grand jury material
for purposes other than assisting the Attorney General or his
designee in the performance of their duties to enforce the criminal
laws of the State. The Attorney General or his designee promptly
shall provide the presiding judge before whom was impaneled the
state grand jury whose material has been disclosed, the names of
the persons to whom the disclosure has been made, and shall
certify that he has advised these persons of their obligation of
secrecy under this section.
(C) Nothing in this section affects the attorney-client
relationship. A client has the right to communicate to his attorney
any testimony given by the client to a state grand jury, any matters
involving the client discussed in the client's presence before a
state grand jury, and evidence involving the client received by or
proffered to a state grand jury in the client's presence.
(D) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction, must be punished
by a fine not exceeding five thousand dollars or by a term of
imprisonment not exceeding one year, or both.
(E) State grand jurors, the Attorney General or his designee,
the court reporter, any interpreter used, and the clerk of the state
grand jury must be sworn to secrecy and also may be punished for
criminal contempt for violations of this section.
Section 14-7-1730. Except for the prosecution of cases arising
from indictments issued by the state grand jury, the presiding
judge has jurisdiction to hear all matters arising from the
proceedings of a state grand jury, including, but not limited to,
matters relating to the impanelment or removal of state grand
jurors, the quashing of subpoenas, the punishment for contempt,
and the matter of bail for persons indicted by a state grand jury.
Section 14-7-1740. The Attorney General or his designee
shall coordinate the scheduling of activities of any state grand
jury.
Section 14-7-1750. In order to return a `true bill' of
indictment, twelve or more state grand jurors must find that
probable cause exists for the indictment and vote in favor of it.
Upon indictment by a state grand jury, the indictment must be
returned to the presiding judge. If the presiding judge considers
the indictment to be within the authority of the state grand jury
and otherwise in accordance with the provisions of this article, he
shall return the indictment by order to the county where venue is
appropriate under South Carolina law for prosecution by the
Attorney General or his designee. The presiding judge may direct
that the indictment be kept secret until the defendant is in custody
or has been released pending trial. Thereupon, the clerk of the
state grand jury shall seal the indictment, and no person shall
disclose the return of the indictment except when necessary for
the issuance and execution of a warrant.
Section 14-7-1760. If any person asks to be excused from
testifying before a state grand jury or from producing any books,
papers, records, correspondence, or other documents before a state
grand jury on the ground that the testimony or evidence required
of him may tend to incriminate him or subject him to any penalty
or forfeiture and is notwithstanding directed by the presiding
judge to give the testimony or produce the evidence, he must
comply with this direction, but no testimony so given or other
information produced, or any information directly or indirectly
derived from such testimony or such other information, may be
received against him in any criminal action, criminal
investigation, or criminal proceeding. No individual testifying or
producing evidence or documents is exempt from prosecution or
punishment for any perjury committed by him while so testifying,
and the testimony or evidence given or produced is admissible
against him upon any criminal action, criminal investigation, or
criminal proceeding concerning this perjury; provided that any
individual may execute, acknowledge, and file a statement with
the appropriate court expressly waiving immunity or privilege in
respect to any testimony or evidence given or produced and
thereupon the testimony or evidence given or produced may be
received or produced before any judge or justice, court, tribunal,
grand jury, or otherwise, and if so received or produced, the
individual is not entitled to any immunity or privilege on account
of any testimony he may give or evidence produced.
Section 14-7-1770. Records, orders, and subpoenas relating to
state grand jury proceedings must be kept under seal to the extent
and for that time as is necessary to prevent disclosure of matters
occurring before a state grand jury.
Section 14-7-1780. The Attorney General shall make
available suitable space for state grand juries to meet. The State
Law Enforcement Division also shall provide service as the state
grand juries require. The other costs associated with the state
grand jury system, including juror per diem, mileage, and
subsistence must be paid from funds appropriated to the Attorney
General's office for this purpose by the General Assembly in the
annual general appropriations act. Nothing herein authorizes the
Attorney General to expend general funds above the level of
appropriations authorized annually in the general appropriations
act or acts supplemental thereto.
Section 14-7-1790. A state grand jury, whenever it considers
necessary, may employ experts to assist it and fix the amount of
compensation or per diem to be paid therefor, upon the approval
of the presiding judge as to the amount being given before any
expert is employed and upon appropriation of sufficient funds
therefor by the General Assembly as provided in Section
14-7-1780.
Section 14-7-1800. The Supreme Court may promulgate rules
as are necessary for the operation of the state grand jury system
established herein.
Section 14-7-1810. If any part of this article is declared
invalid, unenforceable, or unconstitutional by a court of
competent jurisdiction, it is hereby declared severable from the
remaining portions of this article which portions shall remain in
full force and effect as if the invalid, unenforceable, or
unconstitutional portion were omitted.
Section 14-7-1820. This article applies to offenses committed
both before and after its effective date."
Applicability
SECTION 2. The expanded jurisdiction of the state grand jury
system applies to offenses committed both before and after the
effective date of this act.
Time effective
SECTION 3. This act takes effect upon approval by the
Governor.
Approved the 4th day of May, 1992. |