South Carolina General Assembly
116th Session, 2005-2006

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Bill 1060


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-69-35 SO AS TO AUTHORIZE THE CHAIRMAN OF A STANDING COMMITTEE OF THE SENATE, OR HIS DESIGNEE, TO ADMINISTER OATHS OR AFFIRMATIONS TO WITNESSES BEFORE THE COMMITTEE OR ONE OF ITS SUBCOMMITTEES, TO CREATE THE OFFENSE OF PROVIDING FALSE, MISLEADING, OR INCOMPLETE TESTIMONY OR INFORMATION TO A SENATE STANDING COMMITTEE, AND TO PROVIDE PENALTIES.

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

SECTION    1.    Chapter 69, Title 2 of the 1976 Code is amended by adding:

"Section 2-69-35.    (A)    Notwithstanding another provision of law, the chairman of a standing committee of the Senate, or his designee, is authorized to administer oaths or affirmations to witnesses appearing before the committee or one of its subcommittees. The testimony of a witness sworn pursuant to the provisions of this subsection must be recorded and, as deemed necessary by the chairman, transcribed accordingly.

(B)    It is unlawful for a person to wilfully give false, misleading, or incomplete:

(1)    testimony under oath before a Senate standing committee or one of its subcommittees, or

(2)    information on a document, record, report, or form requested by the chairman of a Senate standing committee, or his designee.

(C)    A person who violates the provisions of subsection:

(1)    (B)(1) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both; and

(2)    (B)(2) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than six months, or both."

SECTION    2.    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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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    3.    This act takes effect upon approval by the Governor.

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