H 3345 Session 109 (1991-1992)
H 3345 General Bill, By Wilkins, Alexander, M.O. Alexander, R.L. Altman, Bailey,
J.J. Bailey, K.E. Bailey, B.O. Baker, R.A. Barber, J.M. Baxley, D.M. Beasley,
D.W. Beatty, L.E. Bennett, H. Brown, J. Brown, D.M. Bruce, P.M. Burch,
T.M. Burriss, Carnell, Cato, C.D. Chamblee, Cooper, K.S. Corbett, Cork,
R.S. Corning, J.L.M. Cromer, P.W. Derrick, Elliott, L.L. Elliott, J. Faber,
Fair, T.L. Farr, J.G. Felder, S.R. Foster, R.C. Fulmer, L.E. Gentry, Glover,
S.E. Gonzales, H.M. Hallman, J.L. Harris, P.B. Harris, Harvin, B.H. Harwell,
Haskins, Hayes, B.L. Hendricks, D.N. Holt, W.S. Houck, T.E. Huff,
M.F. Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, K.G. Kempe, H.H. Keyserling,
Kirsh, Koon, Lanford, Littlejohn, S.G. Manly, C.V. Marchbanks, Martin,
D.E. Martin, L.M. Martin, F.E. McBride, McCraw, A.C. McGinnis, McKay,
D.E. McTeer, Neilson, E.L. Nettles, Phillips, Quinn, J. Rama, Rhoad, Meacham,
T.F. Rogers, I.K. Rudnick, Scott, Sharpe, Sheheen, J.R. Shirley, R. Smith,
J.J. Snow, E.C. Stoddard, C.L. Sturkie, Townsend, J.W. Tucker, Vaughn,
C.Y. Waites, D.C. Waldrop, C.C. Wells, L.S. Whipper, J.M. White, J.B. Wilder,
Wilkes, D. Williams, S.S. Wofford, D.A. Wright, Young-Brickell and R.M. Young
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 House Introduced and read first time HJ-6
01/29/91 House Referred to Committee on Judiciary HJ-7
05/09/91 House Committee report: Favorable with amendment
Judiciary HJ-3
05/16/91 House Amended HJ-44
05/16/91 House Objection by Rep. Boan, McLeod, J. Williams,
McTeer, McAbee, D. Elliott, HJ-49
05/16/91 House Objection by Rep. Klapman HJ-49
05/30/91 House Objection withdrawn by Rep. McTeer & Klapman HJ-76
05/30/91 House Objection withdrawn by Rep. Boan HJ-87
05/30/91 House Read second time HJ-88
06/04/91 House Objection by Rep. McCain HJ-20
06/05/91 House Read third time and sent to Senate HJ-23
06/05/91 Senate Introduced and read first time SJ-41
06/05/91 Senate Referred to Committee on Judiciary SJ-41
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 30, 1991
H. 3345
Introduced by REPS. Wilkins, Hayes, Waites, M.O. Alexander, T.C.
Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber,
Baxley, Beasley, Beatty, Bennett, H. Brown, J. Brown, Bruce, Burch,
Burriss, Carnell, Cato, Chamblee, Cooper, Corbett, Cork, Corning,
Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Foster,
Fulmer, Gentry, Glover, Gonzales, Hallman, J. Harris, P. Harris, Harvin,
Harwell, Haskins, Hendricks, Holt, Houck, Huff, Jaskwhich, J.C.
Johnson, J.W. Johnson, Keegan, Kempe, Keyserling, Kirsh, Koon,
Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M.
Martin, McBride, McCraw, McGinnis, McKay, McTeer, Meacham,
Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Rudnick, Scott,
Sharpe, Sheheen, Shirley, Smith, Snow, Stoddard, Sturkie, Townsend,
Tucker, Vaughn, Waldrop, Wells, Whipper, White, Wilder, Wilkes, D.
Williams, Wofford, Wright, A. Young, and R. Young
S. Printed 5/30/91--H.
Read the first time January 29, 1991.
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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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 is known and 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
the 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 and to coordinate certain
investigations with federal authorities which transpires or has
significance in more than one county of this State. 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 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.
Nothing herein limits in any way 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 or public employee, or the agent, servant,
assignee, contractor, vendor, designee, appointee, representative of, or
any other person of like relationship, by whatever designation known,
to any public official 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,
contractor, vendor, designee, appointee, representative of, or any other
person of like relationship, by whatever name known, to 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 the a state
grand jury for a term hereinafter provided. Twelve members of
the a state grand jury constitute a quorum.
Section 14-7-1630. (A) The jurisdiction of the a
state grand jury impaneled under this article extends throughout the
State. The subject matter jurisdiction of the a state
grand jury in all cases is limited to the following offenses:
(1) crimes involving narcotics, dangerous drugs, or controlled
substances, and 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
subordination 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 considers it necessary
and normal investigative or prosecutorial procedures are
inadequate, he the Attorney General may petition
in writing to the Chief Administrative Judge of the judicial circuit in
which he seeks to impanel the a state grand jury for an
order impaneling the 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 also 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 the a state grand jury was impaneled,
by order, may extend the term of the that state grand
jury for a period of six months but the term of the particular
that state grand jury, including any extension thereof, shall not
exceed two years.
(D) The chief administrative judge of the circuit wherein
the a state grand jury is sitting shall preside over
the 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 the
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 the 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. The 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 applies
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 the a state grand jury
and shall serve as its legal advisor. The Attorney General or his
designee shall examine witnesses, and shall present
evidence, and draft indictments and reports upon the direction of
a to the state grand jury.
(B) In all investigations of the crimes specified in Section
14-7-1630, except in matters where a particular solicitor or member of
his staff are the subjects of such investigation, the Attorney General
shall consult with the appropriate solicitors of the jurisdictions 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, in the case of a solicitor, the Attorney
General shall conduct the 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. In the case of the Attorney General's disqualification, the
matter must be referred to a solicitor for investigation and prosecution.
Any doubt regarding disqualification must 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 solely on the basis of information provided in the state
grand juror qualification form 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 the a
state grand jury on petition of the Attorney General, the clerk of the state
grand jury shall, 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 the a state grand jury must be
paid the same per diem, mileage, and subsistence as are members of
state boards, commissions, and committees 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 shall,
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 the a state grand jury. In addition, the
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 the
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 the
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 the 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 the 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 the appropriate 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 must
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 the 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 the 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 the 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 the 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 the
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 the 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
shall promptly shall provide the presiding judge before
whom was impaneled the state grand jury whose material has been
disclosed, with 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 the a state grand jury, any matters
involving the client discussed in the client's presence before the
a state grand jury, and evidence involving the client received by
or proffered to the 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 also 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
the a state grand jury, including, but not limited to,
matters relating to the impanelment or removal of state grand jurors, the
quashing of subpoenas, and 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 the 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 the
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 or summons.
Section 14-7-1760. If any person asks to be excused from testifying
before the a state grand jury or from producing any
books, papers, records, correspondence, or other documents before
the 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 he must not thereafter be prosecuted
or subjected to a penalty or forfeiture for or on account of any
transaction, matter, or thing concerning which he may testify or produce
evidence pursuant thereto, and no testimony so given or
evidence other information produced or any
information directly or indirectly derived from such testimony or 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 transaction, matter,
or thing specified in the statement and thereupon the testimony
of the person or the evidence in relation to the
transaction, matter, or thing may be received or 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 the state grand jury juries to
meet. The State Law Enforcement Division also shall provide service
as the state grand jury requires 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.
Section 14-7-1790. The A state grand jury,
whenever it considers necessary, may employ experts to assist it and
to 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."
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.
SECTION 3. This act takes effect upon approval by the Governor.
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