H 4068  General Bill, By Fry, Henegan, Jones, Willis, Crawford, Kirby, Davis, 
Alexander, Erickson, Bradley, Huggins, Ott, W.Newton, Caskey, Hewitt, Calhoon, 
W.Cox, Hixon, Pendarvis, Thayer and McGarry
 A BILL TO AMEND SECTION 17-30-70, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO PROCEDURES FOR THE INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC
 COMMUNICATIONS, SO AS TO INCLUDE IN THE PURVIEW OF THE STATUTE OFFENSES
 INVOLVING TRAFFICKING IN PERSONS.

   03/11/21  House  Introduced and read first time (House Journal-page 13)
   03/11/21  House  Referred to Committee on Judiciary
                     (House Journal-page 13)
   03/17/21  House  Member(s) request name added as sponsor: McGarry

TO AMEND SECTION 17-30-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR THE INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS, SO AS TO INCLUDE IN THE PURVIEW OF THE STATUTE OFFENSES INVOLVING TRAFFICKING IN PERSONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 17-30-70 of the 1976 Code is amended to read:

    "Section 17-30-70.    (A)    An application for an order authorizing or approving the interception of wire, oral, or electronic communications must be initiated by the Chief of SLED. After reviewing the application, the Attorney General or his designated Assistant Attorney General may authorize the submission of the application to a judge of competent jurisdiction for, and the judge may grant in conformity with this chapter, an order authorizing or approving the interception of wire, oral, or electronic communications by:

        (1)    the South Carolina Law Enforcement Division for the investigation of the offense as to which the application is made when the interception may provide or has provided evidence of the commission of the offenses of murder (Section 16-3-10); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); trafficking in persons (Article 19, Chapter 3, Title 16); accessory before the fact to commit any of the above offenses (Section 16-1-40); or attempt to commit any of the above offenses (Section 16-1-80). This interception may also be authorized when it may provide or has provided evidence of any conspiracy or solicitation to commit any violation of the offenses specified in this subsection;

        (2)    the South Carolina Law Enforcement Division for the investigation of the offense as to which the application is made when the interception may provide or has provided evidence of the commission of any offense related to terrorism or the commission of a terrorist act, any offense related to bombs, destructive devices, bacteriological and biological weapons, and weapons of mass destruction as provided for in Article 7, Chapter 23, Title 16 or evidence of any conspiracy or solicitation to commit any crime specifically enumerated in this subsection; or

        (3)    an individual operating under a contract with the South Carolina Law Enforcement Division for the investigation of an offense listed in subsection (1) or (2). Any interception conducted under this chapter by persons authorized by this subsection must conduct the interception under the direct supervision of an agent or officer of the South Carolina Law Enforcement Division.

    (B)    Any person authorized to intercept wire, oral, or electronic communications pursuant to this section must have completed training provided by SLED pursuant to Section 17-30-145."

SECTION    2.    This act takes effect upon approval by the Governor.