Current Status Introducing Body:Senate Bill Number:491 Primary Sponsor:Leventis Committee Number:11 Type of Legislation:GB Subject:Grand jury, environmental offenses Residing Body:Senate Current Committee:Judiciary Companion Bill Number:3644 Computer Document Number:DKA/4325AL.93 Introduced Date:19930303 Last History Body:Senate Last History Date:19930303 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Leventis Hayes McConnell Passailaigue Wilson Cork Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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491 Senate 19930303 Introduced, read first time, 11
referred to Committee
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TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-7-1610 of the 1976 Code, as last amended by Act 335 of 1992, is further amended to read:
"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. The General Assembly recognizes the great importance of having the federal authorities available for certain investigations. 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 there is a need to enhance the grand jury system to improve the ability of the State to detect and investigate 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.
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 investigate crimes involving the environment, including, but not limited to, offenses specified in Titles 13, 44, and 48, or any common law crime arising out of or in connection with the environmental laws, or an attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the environment.
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, or environmental offenses, 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, and election laws, and environmental offenses.
Nothing herein in this article limits 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 2. Section 14-7-1615 of the 1976 Code, as last amended by Act 335 of 1992, is amended by adding at the end:
"(C) `Environmental offenses' are those concerning the water, ambient air, soil or land, or both soil and land, including, but not limited to, violations of 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."
SECTION 3. Section 14-7-1630(A) of the 1976 Code, as last amended by Act 335 of 1992, is amended by adding:
"(4) 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 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."
SECTION 4. This act takes effect upon approval by the Governor.