S 265 Session 111 (1995-1996)
S 0265 General Bill, By H.S. Stilwell, Courtney, Giese and M.T. Rose
A Bill to amend Article 13, Chapter 7, Title 14 of the Code of Laws of South
Carolina, 1976, relating to grand juries, by adding Section 14-7-1595, so as
to provide for empowering a county grand jury to investigate certain offenses
and giving the solicitor certain additional powers and authorities before a
county grand jury empowered to investigate those offenses.
11/14/94 Senate Prefiled
11/14/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-114
01/10/95 Senate Referred to Committee on Judiciary SJ-114
02/08/95 Senate Committee report: Favorable Judiciary SJ-18
02/09/95 Senate Read second time SJ-15
02/14/95 Senate Read third time and sent to House SJ-15
02/15/95 House Introduced and read first time HJ-14
02/15/95 House Referred to Committee on Judiciary HJ-14
COMMITTEE REPORT
February 8, 1995
S. 265
Introduced by SENATORS Stilwell, Courtney, Rose and
Giese
S. Printed 2/8/95--S.
Read the first time January 10, 1995.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 265), to amend Article 13,
Chapter 7, Title 14 of the Code of Laws of South Carolina, 1976,
relating to grand juries, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
H. SAMUEL STILWELL, for Committee.
A BILL
TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO
PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO
INVESTIGATE CERTAIN OFFENSES AND GIVING THE
SOLICITOR CERTAIN ADDITIONAL POWERS AND
AUTHORITIES BEFORE A COUNTY GRAND JURY
EMPOWERED TO INVESTIGATE THOSE OFFENSES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Article 13, Chapter 7, Title 14 of the 1976 Code
is amended by adding:
"Section 14-7-1595. (A) For purposes of this section:
(1) `Clerk' means the clerk of court for common pleas or
general sessions court;
(2) `Public corruption' means any unlawful activity under
color of or in connection with any public office or employment of:
(a) any public official, public member, or public employee,
or the agent, servant, assignee, consultant, contractor, vendor,
designee, appointee, representative, or any other person of like
relationship, by whatever designation known, of any public official,
public member, or public employee under color of or in connection
with any public office or employment; or
(b) any candidate for public office or the agent, servant,
assignee, consultant, contractor, vendor, designee, appointee,
representative, or any other person of like relationship, by whatever
name known, of any candidate for public office;
(3) `Solicitor' also includes:
(a) the solicitor or his designee or designees;
(b) the solicitor and his designee or designees.
(B) The provisions of this section apply only if a county grand
jury is empowered to investigate the following offenses:
(1) crimes involving narcotics, dangerous drugs, or controlled
substances, 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
subornation of perjury, and crimes involving obscenity or any
attempt, aiding, abetting, solicitation, or conspiracy to commit any
of the aforementioned crimes;
(2) `white collar' crimes or nonviolent crimes by corporations
or individuals including theft or fraud and other violations of trust
committed in the course of the offender's occupation or profession,
including, but not limited to, embezzlement, price fixing, or
antitrust violations;
(3) any crime, statutory, common law or other, involving
public corruption; any crime, statutory, common law or other,
arising out of or in connection with a crime involving public
corruption; and any attempt, aiding, abetting, solicitation, or
conspiracy to commit any crime, statutory, common law or other,
involving public corruption;
(4) 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;
(5) crimes involving the waters, ambient air, soil or land, or
both soil and land, including, but not limited to, the State Safe
Drinking Water Act, the Pollution Control Act, the Infectious Waste
Management Act, the Hazardous Waste Management Act, the Solid
Waste Policy and Management Act, the State Underground
Petroleum Response Act, and the Atomic Energy Response Act, or
offenses involving the environment which are specified in Titles 13,
44, and 48 of the 1976 Code, or any common law crimes involving
environmental laws not superseded, or any crime arising out of or
in connection with environmental law, or an attempt, aiding,
abetting, solicitation, or conspiracy to commit a crime involving the
environment.
(C) The solicitor may petition in writing to the chief
administrative judge of the judicial circuit for an order empowering
a county grand jury to investigate the offenses listed in subsection
(B). This judge is referred to in this section as the empowering
judge. The petition must allege the type of offenses to be inquired
into and in all instances must specify that the public interest is
served by the empowerment.
(D) The empowering judge, after due consideration of the
petition, may order the empowerment of a county grand jury in
accordance with the petition.
(E) The chief administrative judge of the circuit wherein a
county grand jury empowered under this section is sitting shall
preside over that county grand jury during his tenure as chief
administrative judge. The successor chief administrative judge shall
assume all duties and responsibilities with regard to any county
grand jury empowered before his term, including, but not limited
to, presiding over the county grand jury and ruling on petitions to
extend its term. This judge is referred to in this section as the
presiding judge.
(F) The presiding judge may discharge a county grand jury
empowered under this section 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 solicitor.
(G) If, at any time within the original term of any county grand
jury empowered under this section or any extension thereof, the
presiding judge determines that the county 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
county grand jury and existing law or he may discharge the county
grand jury. An order issued pursuant to this subsection or under
subsection (F) shall not become effective less than ten days after the
date on which it is issued and actual notice given to the solicitor
and the foreman of the county grand jury empowered under this
section, and may be appealed by the solicitor to the Supreme Court.
If an appeal from the order is made, the county grand jury
empowered under this section, except as is otherwise ordered by the
Supreme Court, shall continue to exercise its powers pending
disposition of the appeal.
(H) The solicitor shall attend sessions of a county grand jury
empowered under this section and shall serve as its legal advisor.
The solicitor shall examine witnesses, present evidence, and draft
indictments and reports upon the direction of a county grand jury
empowered under this section.
(I) The clerk, upon the request of the solicitor, shall issue
subpoenas or subpoenas duces tecum to compel individuals,
documents, or other materials to be brought from anywhere in this
State to a county grand jury empowered under this section. In
addition, a county grand jury empowered under this section 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 section; 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 a county grand jury empowered under this section. Any
person violating a subpoena or subpoena duces tecum issued
pursuant to this section, or who fails to fully answer all questions
put to him before proceedings of a county grand jury where the
response thereto is not privileged or otherwise protected by law,
including the granting of immunity as authorized by subsection (K),
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 solicitor 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 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 county grand jury or the trial of any civil forfeiture action
arising out of an investigation conducted by a county grand jury
empowered under this section.
(J) A court reporter shall record, either stenographically or by
use of an electronic recording device, all proceedings except when a
county grand jury empowered under this section is deliberating or
voting. Subject to the same substantive conditions and limitations
contained in 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 solicitor. Subject
to the same substantive conditions and limitations contained in
Section 14-7-1720(A) and (D) and Rule 5, South Carolina Rules of
Criminal Procedure, a copy of the transcript of the recorded
testimony or proceedings requested by the solicitor shall 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 a county grand
jury must remain in the custody and control of the solicitor unless
otherwise ordered by the court in a particular case.
(K) If any person asks to be excused from testifying before a
county grand jury empowered under this section or from producing
any books, papers, records, correspondence, or other documents
before a county grand jury on the grounds 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.
(L) Any additional expenses caused by the empowering of a
county grand jury under the provisions of this section which would
not normally be paid for out of county funds must be paid for out
of the solicitor's existing budget.
(M) A solicitor shall not grant immunity as provided in
subsection (K) unless it is first approved in writing by the Attorney
General."
SECTION 2. This act takes effect upon approval by the
Governor.
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