S*734 Session 107 (1987-1988)
S*0734(Rat #0208, Act #0150 of 1987) General Bill, By Senate Judiciary
Similar(S 576, H 2736)
A Bill to amend Chapter 7, Title 14, Code of Laws of South Carolina, 1976,
relating to juries and jurors by adding Article 15 so as to establish a method
for convening and selecting a State Grand Jury, to provide for its
jurisdiction, powers, duties, and operations, to provide criminal penalties
for violating the secrecy rules of the State Grand Jury proceedings, to
provide for the recording and transcribing of certain testimony and
proceedings of a county grand jury, and to provide this Act takes effect upon
ratification of amendments to the Constitution of this State permitting
same.-amended title
04/29/87 Senate Introduced, read first time, placed on calendar
without reference SJ-1552
05/05/87 Senate Read second time SJ-1682
05/05/87 Senate Ordered to third reading with notice of
amendments SJ-1682
05/06/87 Senate Read third time and sent to House SJ-1703
05/07/87 House Introduced and read first time HJ-2555
05/07/87 House Referred to Committee on Judiciary HJ-2556
05/21/87 House Committee report: Favorable with amendment
Judiciary HJ-3084
05/26/87 House Amended HJ-3151
05/26/87 House Read second time HJ-3157
05/27/87 House Read third time HJ-3247
05/27/87 House Returned HJ-3247
05/29/87 Senate House amendment amended SJ-2480
05/29/87 Senate Returned SJ-2480
06/02/87 House Concurred in Senate amendment and enrolled HJ-3452
06/04/87 Ratified R 208
06/04/87 Signed By Governor
06/04/87 Effective date See Act for explanation of
effective date
06/04/87 Act No. 150
06/16/87 Copies available
(A150, R208, S734)
AN ACT TO AMEND CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO JURIES AND JURORS BY ADDING ARTICLE 15 SO AS TO ESTABLISH A METHOD
FOR CONVENING AND SELECTING A STATE GRAND JURY, TO PROVIDE FOR ITS JURISDICTION,
POWERS, DUTIES, AND OPERATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATING THE
SECRECY RULES OF THE STATE GRAND JURY PROCEEDINGS, TO PROVIDE FOR THE RECORDING
AND TRANSCRIBING OF CERTAIN TESTIMONY AND PROCEEDINGS OF A COUNTY GRAND JURY, AND
TO PROVIDE THIS ACT TAKES EFFECT UPON RATIFICATION OF AMENDMENTS TO THE
CONSTITUTION OF THIS STATE PERMITTING SAME.
Be it enacted by the General Assembly of the State of South Carolina:
State grand jury
SECTION 1. Chapter 7 of Title 14 of the 1976 Code is amended by adding:
"Article 15
State Grand Jury
Section 14-7-1600. This article is known and cited as the 'State Grand Jury
Act' and any state grand jury which may be convened as provided herein to be
known as the '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 which transpires or has significance in more than one county
of this State. 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 14-7-1620. There is established a 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 state grand jury for a term
hereinafter provided.
Twelve members of the state grand jury constitute a quorum.
Section 14-7-1630. (A) The jurisdiction of the state grand jury impaneled
under this article extends throughout the State. The subject matter jurisdiction
of the state grand jury in all cases is limited to crimes involving narcotics,
dangerous drugs, or controlled substances and crimes involving obscenity or any
attempt, 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.
(B) Whenever the Attorney General considers it necessary, he may petition in
writing to the Chief Administrative Judge of the judicial circuit in which he
seeks to impanel the 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 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
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 impaneling
judge, by order, may extend the term of the state grand jury for a period of six
months; provided that the term of the particular state grand jury, including any
extension thereof, shall not exceed the period of two years.
(D) The Chief Administrative Judge of the circuit wherein the state grand jury
is sitting shall preside over the state grand jury. This judge is referred to
in this article as the presiding judge.
(E) The presiding judge may discharge the 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 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 to a state grand jury, except when these are inconsistent with the
provisions of this article.
Section 14-7-1650. The Attorney General or his designee shall attend sessions
of the state grand jury and shall serve as its legal advisor. The Attorney
General or his designee shall examine witnesses and shall present evidence to 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; provided that 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 clerk of the state grand jury 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 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, 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. Jurors of the state grand jury must be paid the same per diem, mileage,
and subsistence 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, issue subpoenas or subpoenas duces tecum
to compel individuals, documents, or other materials to be brought from anywhere
in this State to the state grand jury. In addition, the 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
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 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.
Section 14-7-1690. Once the 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 testimony from a fact witness
testifying of his own knowledge about the matters upon which he is questioned.
In addition, other proceedings of the state grand jury may also be recorded,
except when the state grand jury is deliberating or voting, upon request of the
Attorney General or his designee. A defendant shall have the right to review
and/or reproduce the stenographically or electronically recorded materials.
Transcripts of such recorded testimony or proceedings must be made when requested
by the Attorney General or his designee. 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 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 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 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, or the court reporter
may not disclose the testimony of a witness examined before the 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) complying with constitutional, statutory or other legal requirements or
to further justice.
If the court orders disclosure of matters occurring before the 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
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 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 state grand jury, any matters involving the client discussed in the
client's presence before the state grand jury, and evidence involving the client
received by or proffered to the 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 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 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.
Section 14-7-1740. The Attorney General or his designee shall coordinate the
scheduling of activities of the 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 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
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
state grand jury or from producing any books, papers, records, correspondence,
or other documents before the 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 produced 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 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 impaneling judge will make available suitable space for
the state grand jury to meet. The State Law Enforcement Division shall also
provide service as the state grand jury requires. The other costs associated
with the state grand jury, including juror per diem, mileage, and subsistence
must be paid from funds appropriated to the Judicial Department for this purpose
by the General Assembly in the annual general appropriations act.
Section 14-7-1790. The 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 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."
Recording of certain county grand jury matters
SECTION 2. The testimony from a fact witness testifying of his own knowledge
about the matters upon which he is questioned before a county grand jury must be
recorded in the same manner that fact testimony given before the state grand jury
is recorded. In addition, other proceedings of the county grand jury may also
be recorded, except when the county grand jury is deliberating or voting, upon
request of the circuit solicitor.
Transcripts of such recorded testimony or proceedings must be made when
requested by the circuit solicitor. 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. Such testimony or proceedings before the county
grand jury or other evidence received by it may not be disclosed except under
those conditions and for those purposes that disclosure of testimony,
proceedings, or evidence given to the state grand jury is authorized. The
functions and responsibilities of the Attorney General in regard to the above
before the state grand jury must be performed by the circuit solicitor in regard
to the county grand jury.
Time effective
SECTION 3. This act takes effect upon the ratification of amendments to Article
1 and Article V of the Constitution of this State, permitting the establishment
of a state grand jury and indictments to be issued by same. |