H 3429 Session 112 (1997-1998)
H 3429 General Bill, By Fleming, Canty, Govan, B.L. Jordan, Knotts, Littlejohn,
Lloyd, Meacham, Moody-Lawrence, J.H. Neal, Scott, Simrill, Stuart, Tripp and
Whipper
Similar(S 71)
A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE LEGISLATIVE INTENT AS TO THE STATE GRAND JURY, AND
SECTION 14-7-1630, AS AMENDED, RELATING TO THE JURISDICTION OF THE STATE GRAND
JURY, SO AS TO PROVIDE FOR EXPANDED JURISDICTION OF THE STATE GRAND JURY TO
INCLUDE CRIMES INVOLVING ENVIRONMENTAL AND STATE INCOME TAX LAWS AND INSURANCE
FRAUD.
02/12/97 House Introduced and read first time HJ-11
02/12/97 House Referred to Committee on Judiciary HJ-11
A BILL
TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
LEGISLATIVE INTENT AS TO THE STATE GRAND JURY,
AND SECTION 14-7-1630, AS AMENDED, RELATING TO THE
JURISDICTION OF THE STATE GRAND JURY, SO AS TO
PROVIDE FOR EXPANDED JURISDICTION OF THE STATE
GRAND JURY TO INCLUDE CRIMES INVOLVING
ENVIRONMENTAL AND STATE INCOME TAX LAWS AND
INSURANCE FRAUD.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 14-7-1610 of the 1976 Code, as last amended
by Act 335 of 1992, is further amended to read:
"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 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.
The General Assembly 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 environmental laws including, but not
limited to, those specified in Titles 13, 16, 44, 48, and 49, or common
law crimes involving environmental laws where not superseded, or
crimes arising out of or in connection with such laws, or any attempt,
aiding, abetting, solicitation, or conspiracy to commit a crime
involving environmental laws. The General Assembly believes that
the state grand jury, possessing considerably broader investigative
authority than individual county grand juries, should be available to
investigate environmental offenses in South Carolina.
The General Assembly 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 state income tax laws including, but not
limited to, those specified in Title 12, or common law crimes
involving the state income tax laws where not superseded, or crimes
arising out of or in connection with such laws, or any attempt, aiding,
abetting, solicitation, or conspiracy to commit a crime involving the
state income tax laws. The General Assembly believes that the state
grand jury, possessing considerably broader investigative authority
than individual county grand juries, should be available to investigate
state income tax offenses in South Carolina.
The General Assembly 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 insurance fraud including, but not
limited to, those specified in Titles 16 and 38, or common law crimes
involving insurance fraud where not superseded, or crimes arising out
of or in connection with such laws, or any attempt, aiding, abetting,
solicitation, or conspiracy to commit a crime involving insurance
fraud. The General Assembly believes that the state grand jury,
possessing considerably broader investigative authority than
individual county grand juries, should be available to investigate
insurance fraud in South Carolina.
The General Assembly finds that the state grand jury may
investigate and prosecute public corruption, election law,
environmental law, state income tax law, or insurance fraud cases
where the crime transpired within a single county of this State,
whether or not it has multicounty significance.
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, environmental laws, state income
tax laws, or insurance fraud, 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 involving
and related to narcotics, dangerous drugs, controlled
substances, and obscenity, public corruption, election
laws, environmental laws, state income tax laws, and insurance
fraud 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 2. Section 14-7-1630(A) of the 1976 Code, as last
amended by Act 335 of 1992, is further amended to read:
"(A) The jurisdiction of a state grand jury impaneled
under 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) crimes involving narcotics, dangerous drugs, or controlled
substances, or any 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, and crimes involving obscenity or
any attempt, aiding, abetting, solicitation, or conspiracy to commit
any of the aforementioned those crimes if
the crimes are of a multicounty nature or have transpired or are
transpiring or have significance in more than one county of this State;
and
(2) any a crime, statutory, common law or
other, involving public corruption as defined in Section 14-7-1615,
any 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 any a 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.;
(4) crimes involving environmental laws including, but not
limited to, those specified in Titles 13, 16, 44, 48, and 49, or common
law crimes involving environmental laws where not superseded, or
any attempt, aiding, abetting, solicitation, or conspiracy to commit a
crime, statutory, common law or other involving environmental
offenses;
(5) crimes involving state income tax laws including, but not
limited to, those specified in Title 12, or common law crimes
involving state income tax laws where not superseded, or any
attempt, aiding, abetting, solicitation, or conspiracy to commit a
crime, statutory, common law or other, involving state income tax
offenses; and
(6) crimes involving insurance fraud, including, but not limited
to, those specified in Title 16 and 38, or common law crimes
involving insurance fraud where not superseded, or any attempt,
aiding, abetting, solicitation, or conspiracy to commit a crime,
statutory, common law or other, involving insurance fraud."
SECTION 3. This act takes effect upon approval by the Governor.
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