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H 3230
Session 123 (2019-2020) 

H 3230  General Bill, By Weeks, Clary and Clyburn
 A BILL TO AMEND SECTION 14-7-1550, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE AUTHORITY OF A COUNTY GRAND JURYNext FOREMAN TO SWEAR WITNESSES
 AND OBTAIN ATTENDANCE OF WITNESSES, SO AS TO PROHIBIT THE USE OF THIRD PARTY
 SUMMARY, HEARSAY EVIDENCE AS THE SOLE EVIDENCE PRESENTED TO THE COUNTY GRAND
 PreviousJURYNext FOR INDICTMENT, TO REQUIRE THE PRESENTMENT TO THE COUNTY GRAND PreviousJURYNext OF
 MATERIAL EVIDENCE, AND TO REQUIRE THE COUNTY GRAND PreviousJURYNext FOREMAN TO NOTE ALL
 EVIDENCE CONSIDERED BY THE COUNTY GRAND PreviousJURYNext IN THE RECORD; AND BY ADDING
 SECTION 14-7-1555 SO AS TO REQUIRE A RECORD OF TESTIMONY AND OTHER PROCEEDINGS
 OF THE COUNTY GRAND PreviousJURYNext, TO PROVIDE THAT THE TRANSCRIPT, REPORTER'S NOTES,
 RECORD, AND ALL OTHER DOCUMENTS REMAIN IN THE CUSTODY AND CONTROL OF THE
 COUNTY CLERK OF COURT, AND TO PROVIDE FOR THE RELEASE OF THE RECORD UNDER
 CERTAIN CIRCUMSTANCES.
View full text 12/18/18 House Prefiled 12/18/18 House Referred to Committee on Judiciary 01/08/19 House Introduced and read first time (House Journal-page 135) 01/08/19 House Referred to Committee on Judiciary (House Journal-page 136)


VERSIONS OF THIS BILL

12/18/2018



H. 3230

A BILL

TO AMEND SECTION 14-7-1550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY GRAND PreviousJURYNext FOREMAN TO SWEAR WITNESSES AND OBTAIN ATTENDANCE OF WITNESSES, SO AS TO PROHIBIT THE USE OF THIRD PARTY SUMMARY, HEARSAY EVIDENCE AS THE SOLE EVIDENCE PRESENTED TO THE COUNTY GRAND PreviousJURYNext FOR INDICTMENT, TO REQUIRE THE PRESENTMENT TO THE COUNTY GRAND PreviousJURYNext OF MATERIAL EVIDENCE, AND TO REQUIRE THE COUNTY GRAND PreviousJURYNext FOREMAN TO NOTE ALL EVIDENCE CONSIDERED BY THE COUNTY GRAND PreviousJURYNext IN THE RECORD; AND BY ADDING SECTION 14-7-1555 SO AS TO REQUIRE A RECORD OF TESTIMONY AND OTHER PROCEEDINGS OF THE COUNTY GRAND PreviousJURYNext, TO PROVIDE THAT THE TRANSCRIPT, REPORTER'S NOTES, RECORD, AND ALL OTHER DOCUMENTS REMAIN IN THE CUSTODY AND CONTROL OF THE COUNTY CLERK OF COURT, AND TO PROVIDE FOR THE RELEASE OF THE RECORD UNDER CERTAIN CIRCUMSTANCES.

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

SECTION    1.    Section 14-7-1550 of the 1976 Code is amended to read:

"Section 14-7-1550.    (A)    The foreman of the grand PreviousjuryNext or acting foreman in the circuit courts of any county of the State may swear the witnesses whose names shall appear on the bill of indictment in the grand PreviousjuryNext room. No witnesses shall be sworn except those who have been listed on the bill of indictment, bound over or subpoenaed in the manner provided by law. In order to obtain attendance of any witness, the grand PreviousjuryNext may proceed as provided by the South Carolina Rules of Civil Procedure and Sections 19-9-10 through 19-9-130.

(B)    No indictment may be true billed if the only evidence presented by the State is summary, hearsay evidence presented by a law enforcement officer or other officer of the State who has not been personally involved in the investigation of the alleged offense.

(C)    When the State has material documentary, physical, or electronic evidence that has been relied upon in the decision to seek the indictment, that evidence must be presented to the grand PreviousjuryNext during the presentment.

(D)    The grand PreviousjuryNext foreman, or acting foreman, shall require any witness testifying before the grand PreviousjuryNext to note their name for the record prior to swearing the witness and shall note, or require the witness to note, for the record any documentary, physical, or electronic evidence presented to the grand PreviousjuryNext."

SECTION    2.    Article 13, Chapter 7, Title 14 of the 1976 Code is amended by adding:

"Section 14-7-1555.    A county grand PreviousjuryNext convened pursuant to the provisions of this article shall have a record, either stenographically or by use of an electronic recording device, of all proceedings except when a grand PreviousjuryNext is deliberating or voting. An unintentional failure of any recording to reproduce all or any portion of the testimony of the 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 county grand Previousjury must remain in the custody and control of the county clerk of court or his designee unless otherwise ordered by the court in a particular case. The court, in its discretion, may order release of the record, whether the transcript or electronic recording, as appropriate, and pursuant to the provisions of this section, upon a showing by the moving party that it is in the interest of justice to release it."

SECTION    3.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    4.    This act takes effect upon approval by the Governor.

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