A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 38-55-171 SO AS TO CREATE THE FELONY CRIMINAL OFFENSES OF STAGING A MOTOR VEHICLE COLLISION AND AGGRAVATED STAGING A MOTOR VEHICLE COLLISION, AND TO PROVIDE PENALTIES; BY AMENDING SECTION 38-55-520, RELATING TO THE PURPOSE OF THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO DESIGNATE THE DIVISION PREVIOUSLY ESTABLISHED TO PROSECUTE AND INVESTIGATE FRAUD IN THE OFFICE OF THE ATTORNEY GENERAL AS BEING IN THE DEPARTMENT OF INSURANCE; BY AMENDING SECTION 38-55-530, RELATING TO DEFINITIONS IN THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO REVISE DEFINITIONS; BY AMENDING SECTION 38-55-540, RELATING TO CRIMINAL PENALTIES IN THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO INCLUDE ATTEMPTS TO RECEIVE CERTAIN ECONOMIC ADVANTAGES OR BENEFITS; BY AMENDING SECTION 38-55-550, RELATING TO CIVIL PENALTIES IN THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO ADD A STATUTE FOR WHICH VIOLATIONS WILL be SUBJECT TO THE CIVIL PENALTIES, AND TO MAKE VARIOUS TECHNICAL AND CONFORMING CHANGES; BY AMENDING SECTION 38-55-560, RELATING TO THE ESTABLISHMENT OF THE INSURANCE FRAUD DIVISION AND PROVIDE THE POWERS, DUTIES, AND FUNCTIONS OF THE DIVISION  AND RELATED STATE AGENCIES, SO AS TO TRANSFER THE DIVISION FROM THE OFFICE OF THE ATTORNEY GENERAL TO THE DEPARTMENT OF INSURANCE, AND TO REVISE THE POWERS, DUTIES, AND FUNCTIONS OF THE DIVISION AND RELATED AGENCIES; BY AMENDING SECTION 38-55-570, RELATING TO NOTIFICATION to the division of certain fraudulent conduct, SO AS TO MAKE CONFORMING CHANGES TO REFLECT THE TRANSFER OF THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL TO THE DEPARTMENT OF INSURANCE, AND TO REMOVE AN EXCEPTION TO A DISCOVERY PROVISION, AMONG OTHER THINGS; BY AMENDING SECTION 38-55-590, RELATING TO the ANNUAL REPORT BY THE DIRECTOR OF the INSURANCE FRAUD DIVISION IN the OFFICE OF the ATTORNEY GENERAL TO the GENERAL ASSEMBLY, SO AS TO MAKE CONFORMING CHANGES TO REFLECT THE TRANSFER OF THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL TO THE DEPARTMENT OF INSURANCE; BY AMENDING SECTION 17-25-45, RELATING TO LIFE SENTENCEs FOR PERSONs CONVICTED of CERTAIN CRIMES, SO AS TO ADD AND REVISE CERTAIN INSURANCE-RELATED CRIMES; BY AMENDING SECTION 42-9-440, RELATING TO SUSPECTED FALSE STATEMENTS OR MISREPRESENTATIONS TO BE REPORTED TO the INSURANCE FRAUD DIVISION, SO AS TO MAKE CONFORMING CHANGES TO REFLECT THE TRANSFER OF THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL TO THE DEPARTMENT OF INSURANCE; AND BY AMENDING SECTION 14-7-1630, RELATING TO SUBJECT MATTERS OF THE STATE GRAND JURY, SO AS TO INCLUDE CERTAIN CRIMES INVOLVING INSURANCE FRAUD.

 

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

 

SECTION 1.  Article 1, Chapter 55, Title 38 of the S.C. Code is amended by adding:

 

    Section 38-55-171. (A)(1)(a) A person shall be guilty of a felony known as "staging a motor vehicle collision" when such person, with intent to defraud:

           (i) causes, attempts to cause, or in any way participates in a motor vehicle collision, or any other motor vehicle accident, for the purpose of presenting any false or fraudulent claim or to obtain anything of value;

           (ii) provides information in connection with a motor vehicle collision, knowing that the collision was intentionally caused, for the purpose of presenting any false or fraudulent claim or to obtain anything of value;

           (iii) provides false information in connection with a motor vehicle collision that did not occur for the purpose of presenting any false or fraudulent claim or to obtain anything of value; or

           (iv) attempts, assists, abets, solicits, or conspires with another to commit any of the actions described in this item.

       (b) A person who is convicted of violating the provisions of item (1) is subject to the following penalties:

           (i) for a first offense, by imprisonment for not more than ten years, fined not more than ten thousand dollars, or both;

           (ii) for a second offense, by mandatory imprisonment for not less than two years nor more than ten years and a mandatory ten thousand dollars;

           (iii) for a third or subsequent offense, by mandatory imprisonment for not less than five years nor more than fifteen years and a mandatory fine of fifteen thousand dollars.

       (2) No portion of the mandatory minimum sentence described in item (1) may be suspended. However, any remaining portion of imprisonment may be suspended upon the service of probation, payment of fines, payment of restitution, and any other special conditions as ordered by the court.

    (B)(1) A person shall be guilty of a felony known as "aggravated staging a motor vehicle collision" when such person violates a provision in subsection (A) and the staged motor vehicle collision, directly or indirectly, results in bodily injury or death to any person.

           (a)(i) A person who is convicted of a violation of this subsection which results in moderate bodily injury, as defined by Section 16-3-600(A)(2), to any person shall be punished by mandatory imprisonment of not less than ninety days nor more than ten years and shall be fined not more than ten thousand dollars.

               (ii) A person who is convicted of this item and has previously been convicted of this item or of subsection (A), must be punished by mandatory imprisonment of not less than two years nor more than fifteen years and fined not more than fifteen thousand dollars.

           (b) A person who is convicted of a violation of this subsection that results in great bodily injury, as defined in Section 16-3-600(A)(1), to any person must be punished by a mandatory imprisonment of not less than two years nor more than fifteen years and fined not more than fifteen thousand dollars.

           (c) A person who is convicted of this subsection which results in the death of any person must be punished by mandatory imprisonment of not less than two years nor more than thirty years and fined not less than ten thousand dollars nor more than thirty thousand dollars. No portion of this sentence may be suspended nor probation granted.

       (2) No portion of the mandatory minimum sentence of this subsection may be suspended. However, any remaining portion of imprisonment may be suspended upon the service of probation, payment of fines, and any other special conditions as ordered by the court.

    (C) When restitution is requested by the State, the trial court shall hold a hearing, waivable by the defendant, to determine the amount of restitution to which each victim is entitled. After such hearing is either held or waived, the trial court shall order full restitution to all victims of the staged motor vehicle collision, including innocent drivers, innocent passengers, innocent pedestrians, insurance carriers, emergency responder agencies, and any other affected third parties.

 

SECTION 2.  Section 38-55-520 of the S.C. Code is amended to read:

 

    Section 38-55-520. The purpose of this article is to confront aggressively the problem of insurance fraud in South Carolina by facilitating the detection of insurance fraud;  to allow reporting of suspected insurance fraud;  to grant immunity for reporting suspected insurance fraud;  to prescribe penalties for insurance fraud;  to require restitution for victims of insurance fraud;  to establish a division within the Office of the Attorney GeneralDepartment of Insurance to prosecute insurance fraud;  and to require the investigation of alleged insurance fraud by State Law Enforcement Division.

 

SECTION 3.  Section 38-55-530 of the S.C. Code is amended to read:

 

    Section 38-55-530. As used in this article:

    (A) "Authorized agency" means any duly constituted criminal investigative department or agency of the United States, another state, or of this State; the Department of Insurance;  the Department of Revenue;  the Department of Public Safety; the Department of Motor Vehicles;  the Workers' Compensation Commission;  the State Accident Fund; the Second Injury Fund;  the Department of Employment and Workforce;  the Department of Consumer Affairs;  the Human Affairs Commission;  the Department of Public Health and Environmental Control; the Department of Social Services;  the Department of Health and Human Services; the Department of Labor, Licensing and Regulation;  all other state boards, commissions, and agencies; the Office of the Attorney General of South Carolina; 

or the prosecuting attorney of any judicial circuit, county, municipality, or political subdivision of this State or of the United States, and their respective employees or personnel acting in their official capacity.

    (B) "Insurer" shall have the meaning set forth in Section 38-1-20(25) and includes any authorized insurer, self-insurer, reinsurer, broker, producer, or any agent thereof.

    (C) "Person" means any natural person, company, corporation, unincorporated association, partnership, professional corporation, or other legal entity and includes any applicant, policyholder, claimant, medical providers, vocational rehabilitation provider, attorney, agent, insurer, fund, or advisory organization.

    (D) "False statement or misrepresentation" means a statement or representation made by a person that is false, material, made with the person's knowledge of the falsity of the statement and made with the intent of obtaining or causing another to obtain or attempting to obtain or causing another to obtain an undeserved economic advantage or benefit or made with the intent to deny or cause another to deny any benefit or payment in connection with an insurance transaction, and such shall constitute fraud. "False statement or misrepresentation" specifically includes, but is not limited to, an intentional:

       (1) false report of business activities;

       (2) miscount or misclassification by an employer of its employees;

       (3) failure to timely reduce reserves;

       (4) failure to account for Second Injury Fund reimbursements or subrogation reimbursements;  or

       (5) failure to provide verifiable information to public or private rating bureaus and the Department of Insurance.;

       (6) false information on an application for insurance; or

       (7) false information regarding an insurance claim.

    An undeserved economic benefit or advantage includes, but is not limited to, a favorable insurance premium, payment schedule, insurance award, or insurance settlement.

    (E) "Immune" means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this article unless actual malice on the part of the reporting person or gross negligence or reckless disregard for the rights of the reported person is present.

    (F) "Undeserved economic benefit or advantage" includes, but is not limited to, a favorable insurance premium, payment schedule, insurance award, or insurance settlement.

 

SECTION 4.  Section 38-55-540(A) of the S.C. Code is amended to read:

 

    (A) A person who knowingly makes a false statement or misrepresentation, and any other person knowingly, with an intent to injure, defraud, or deceive, or who assists, abets, solicits, or conspires with a person to make a false statement or misrepresentation, is guilty of a:

       (1) misdemeanor, for a first offense violation, if the amount of the economic advantage or benefit received or attempted to receive is less than one thousand dollars. Upon conviction, the person must be fined not less than one hundred nor more than five hundred dollars or imprisoned not more than thirty days;

       (2) misdemeanor, for a first offense violation, if the amount of the economic advantage or benefit received or attempted to receive is one thousand dollars or more but less than ten thousand dollars. Upon conviction, the person must be fined not less than two thousand nor more than ten thousand dollars or imprisoned not more than three years, or both;

       (3) felony, for a first offense violation, if the amount of the economic advantage or benefit received  or attempted to receive is ten thousand dollars or more but less than fifty thousand dollars. Upon conviction, the person must be fined not less than ten thousand nor more than fifty thousand dollars or imprisoned not more than five years, or both;

       (4) felony, for a first offense violation, if the amount of the economic advantage or benefit received or attempted to receive is fifty thousand dollars or more. Upon conviction, the person must be fined not less than twenty thousand nor more than one hundred thousand dollars or imprisoned not more than ten years, or both;

       (5) felony, for a second or subsequent violation, regardless of the amount of the economic advantage or benefit received or attempted to receive. Upon conviction, the person must be fined not less than twenty thousand nor more than one hundred thousand dollars or imprisoned not more than ten years, or both.

 

SECTION 5.  Section 38-55-550 of the S.C. Code is amended to read:

 

    Section 38-55-550. (A) In addition to any criminal liability, any person who is found by a court of competent jurisdiction to have violated any provision of this article, including Section 38-55-170 and Section 38-55-540, is subject to a civil penalty, to be levied by the Director of Insurance or his designee, for each violation as follows:

       (1) for a first offense, a fine not to exceed five thousand dollars;

       (2) for a second offense, a fine of not less than five thousand dollars but not to exceed ten thousand dollars;

       (3) for a third and subsequent offense, a fine of not less than ten thousand dollars but not to exceed fifteen thousand dollars.

    (B) The civil penalty must be paid to the director of the Insurance Fraud Division to be used in accordance with subsection (D) of this section.  The court may also award court costs and reasonable attorneys' fees to the director.  When requested by the directorDirector of Insurance or his designee, the Attorney General may assign one or more deputiesassistant attorneys general to assist the

bureauInsurance Fraud Division in any civil court proceedings against the person.

    (C) Nothing in subsections (A) and (B) shall be construed to prohibit the director Director of the Insurance Fraud Division and the person alleged to be guilty of a violation of this article from entering into a written agreement in which the person does not admit or deny the charges but consents to payment of the civil penalty.  A consent agreement may not be used in a subsequent civil or criminal proceeding relating to any violation of this article.

    (D) All revenues from the civil penalties imposed pursuant to this section must be used to provide funds for the costs of enforcing and administering the provisions of this article.

 

SECTION 6.  Section 38-55-560 of the S.C. Code is amended to read:

 

    Section 38-55-560. (A) There is established in the Office of the Attorney GeneralDepartment of Insurance a division to be known as the Insurance Fraud Division, which must prosecute criminal violations of Sections 38-55-170 and 38-55-540 and related criminal insurance activitythis title and any other crimes related to insurance.  Upon receipt of any claims or allegations of violations of Section 38-55-170 and 38-55-540 and related criminal insurance activity, the Attorney General shall forward the information to the State Law Enforcement Division for investigation.To fulfill this purpose, the Attorney General shall appoint certain attorneys, employed by the Department of Insurance in the Insurance Fraud Division, including the Director of the Insurance Fraud Division, as assistant attorneys general pursuant to Sections 1-7-30 and 1-7-160.  The Office of the Attorney General shall cooperate and work with the Insurance Fraud Division by providing access to and use of the Attorney General's criminal justice and prosecution resources including, but not limited to, criminal history record information and insurance claim history information using systems such as Criminal Justice Information Services (CJIS), National Crime Information Center (NCIC), National Law Enforcement Telecommunications System (NLETS),  Insurance Services Office (ISO), or Verisk ClaimSearch or similar government or private databases. Employees of the Insurance Fraud Division granted such access shall be subject to the same requirements and policies as employees of the Office of the Attorney General. The Department of Insurance shall reimburse the Office of the Attorney General for any additional costs required to access these systems for the Insurance Fraud Division.

    (B)(1) The Attorney GeneralInsurance Fraud Division, upon receipt of any claims or allegations of violations of Sections 38-55-170 and 38-55-540 and related criminal insurance activity, or at any other time, is empowered to:

           (1)(a) refer the matter for investigation to the State Law Enforcement Division;

           (b) present the matter to the Office of the Attorney General for review and approval of the indictment;

       (2)(c) prosecute persons determined to be in violation of Sections 38-55-170 and 38-55-540 and

related criminal insurance activity in a court of competent jurisdiction;  and

       (d) resolve the matter through consent agreements with the suspect in accordance with Section 38-55-550; and

       (3)(e) collect fines and restitution ordered by the court.  Where considered appropriate, the Attorney GeneralDepartment of Insurance may use the Setoff Debt Collection Act and any other legal means available to state agencies to collect fines and restitution ordered as a result of actions brought pursuant to Sections 38-55-170, and 38-55-540, and 38-55-550;

           (f) refer the matter to the Attorney General for prosecution;

           (g) refer the matter to another authorized agency;

           (h) refer the matter to any affected insurer; and

           (i) enter agreements with the Office of the Attorney General or other state, local, or federal agencies related to the deterrence, detection, investigation, and prosecution of insurance fraud.

       (2) Nothing in this subsection shall be interpreted to affect or undermine the criminal jurisdiction, investigative authority, or prosecutorial authority of the Office of the Attorney General or other law enforcement agencies.

    (C) The State Law Enforcement Division shall investigate thoroughly review all claims or allegations of violations of Sections 38-55-170 and 38-55-540 and related criminal insurance activity received from the Attorney GeneralInsurance Fraud Division pursuant to this section and investigate such matters as deemed appropriate. Subject to availability of resources and funds, the Department of Insurance shall provide State Law Enforcement Division (SLED) personnel assigned to the Insurance Fraud Division:

       (1) secure office space within the department for daily use;

       (2) office supplies, office equipment, and furnishings; and

       (3) shall reimburse SLED for the investigative services rendered pursuant to this section. SLED shall quarterly submit an itemized bill to the department for the actual payroll, fringe, overtime, fuel, travel, training, and equipment, for all investigators assigned to the Insurance Fraud Division pursuant to this section. The department is not liable for reimbursement for time or expenses for the performance of other duties not related to the investigation or prevention of insurance fraud. Subject to the availability of funds and approval of the department, SLED may bill the department for initial nonrecurring expenses for additional employees hired to perform and support the work of the Insurance Fraud Division.

    (D) The Insurance Fraud Division of the Office of Attorney GeneralDepartment of Insurance and the investigative services of the State law Enforcement DivisionSLED as provided by this section must be funded by an appropriation of not less than two hundred thousand dollars annually from the general revenues of the State derived from the insurance premium taxes collected by the Department of Insurance and/or from fines assessed under Sections 38-55-170 and 38-55-540 which must be deposited

in the general revenue fund to the credit of the Office of the Attorney General and the State Law Enforcement Division to offset the costs of this program;  provided, that the funds generated from these fines, to be utilized by either the Office of the Attorney General or the State Law Enforcement Division shall not total more than five hundred thousand dollars.  These monies must be shared equally on a fifty-fifty basis by the Office of the Attorney General and the State Law Enforcement Division, and the balance must go to the general fund of the State.annual appropriation sufficient to fully fund the costs of operating the Insurance Fraud Division based on the positions needed to effectively investigate, prosecute, and prevent insurance fraud. Additionally, the department may use any fines assessed under Sections 38-55-170, 38-55-540, and 38-55-550 to offset the costs of the Insurance Fraud Division.

    (E) The Office of the Attorney General is authorized to hire, employ, and reasonably equip one forensic accountant, and this forensic accountant must be assigned to the Insurance Fraud Division of the Office of the Attorney General. A person is not qualified to be hired and the Insurance Fraud Division may not hire a forensic accountant unless he possesses and maintains a current license to engage in the practice of accounting pursuant to the provisions of Chapter 2, Title 40.The Insurance Fraud Division shall be managed by a director who must be eligible to serve as an assistant attorney general. The Director of the Insurance Fraud Division and attorneys hired to prosecute insurance fraud are subject to the approval of the Office of the Attorney General in accordance with Sections 1-7-30 and 1-7-160. The Director of Insurance or his designee is authorized to hire and employ the staff members deemed necessary and appropriate by the Director of Insurance to prosecute and fight insurance fraud in accordance with state budget procedures.

 

SECTION 7.  Section 38-55-570 of the S.C. Code is amended to read:

 

    Section 38-55-570. (A) Any person, insurer, or authorized agency having reason to believe that another has made a false statement or misrepresentation or has knowledge of a suspected false statement or misrepresentation shall, for purposes of reporting and investigation, notify the Insurance Fraud Division of the Office of the Attorney GeneralDepartment of Insurance of the knowledge or belief and provide any additional information within his possession relative thereto.

    (B) Upon request by the Insurance Fraud Division, any person, insurer, or authorized agency shall release to the Insurance Fraud Division any orand all information relating to any suspected false statement or misrepresentation including, but not limited to:

       (1) insurance policy information relevant to the investigation, including any application for such a politypolicy;

       (2) policy premium payment records, audits, or other documents which are available;

       (3) history of previous claims, payments, fees, commission, service bills, or other documents which are available;  and

       (4) other information relating to the investigation of the suspected false statement or misrepresentation.

    (C) Any authorized agency provided with or obtaining information relating to a suspected false statement or misrepresentation as provided for above may release or provide the information to any other authorized agency.  The Department of Insurance, the Department of Revenue, the Department of Public Safety, and the Department of Motor Vehicles shall report, but not adjudicate, all cases of suspected or reported false statement or misrepresentation to the Insurance Fraud Division of the Office of Attorney General of South CarolinaDepartment of Insurance for appropriate investigation or prosecution, or both.  The Workers' Compensation Commission mayshall refer such cases as provided in Section 42-9-440.

    (D) Except as otherwise provided by law, any information furnished pursuant to this section is privileged and shall not be part of any public record.  Any information or evidence furnished to an authorized agency pursuant to this section or any information or documentation arising out of or in connection with information furnished pursuant to this section is privileged and is not subject to subpoena or subpoena duces tecum in any civil or criminal proceeding unless, after reasonable notice to any person, insurer, or authorized agency which has an interest in the information and after a subsequent hearing, a court of competent jurisdiction determines that the public interest and any ongoing investigation will not be jeopardized by obedience of the subpoena or subpoena duces tecum.  The Department of Insurance may receive and must maintain as confidential any documents or information furnished to it by the National Association of Insurance Commissioners or insurance departments of other states which is classified as confidential by that association or state.  The Department of Insurance may share documents or information, including confidential documents or information, with the National Association of Insurance Commissioners or insurance departments of other states, if the association or other state agrees to maintain the same level of confidentiality as is provided under South Carolina law. If the documents or information received by the Department of Insurance from the National Association of Insurance Commissioners or the insurance departments of other states involve allegations of insurance fraud, the documents or information must be forwarded by the Department of Insurance to the Insurance Fraud Division of the Office of the Attorney General.

 

SECTION 8.  Section 38-55-590 of the S.C. Code is amended to read:

 

    Section 38-55-590. The Director of the Insurance Fraud Division in of the Department of Insurancethe Office of the Attorney General shall annually report to the General Assembly regarding:

    (A) the status of matters reported to the division, if not privileged information by law;

    (B) the number of allegations or reports received;

    (C) the number of matters referred to the State Law Enforcement Division for investigation;

    (D) the outcome of all investigations and prosecutions under this article, if not privileged by law;

    (E) the total amount of fines levied by the court and paid to or deposited by the division; and

    (F) patterns and practices of fraudulent insurance transactions identified in the course of performing its duties.  The director shall also periodically report this information to insurers transacting business in this State, health maintenance organizations transacting business in this State, and other persons, including the State of South Carolina, which provide benefits for health care in this State, whether these benefits are administered directly or through a third person.

 

SECTION 9.  Section 17-25-45(C)(2) of the S.C. Code is amended to read:

 

    (2) "Serious offense" means:

           (a) any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);

           (b) those felonies enumerated as follows:

15		16-3-220	Lynching, Second degree
16 17		16-3-210(C)	Assault and battery by mob, Second degree
18 19		16-3-600(B)	Assault and battery of a high and aggravated nature
20 21		16-3-810	Engaging child for sexual performance
22 23		16-9-220	Acceptance of bribes by officers
24 25		16-9-290	Accepting bribes for purpose of procuring public office
26		16-11-110(B)	Arson, Second degree
27		16-11-312(B)	Burglary, Second degree
28 29		16-11-380(B)	Theft of a person using an automated teller machine
30		16-13-210(1)	Embezzlement of public funds
31 32		16-13-230(B)(3)	Breach of trust with fraudulent intent
33 34		16-13-240(1)	Obtaining signature or property by false pretenses
35		16-25-20(B)	Domestic violence, First degree

1 2		16-25-65	Domestic violence of a high and aggravated nature
3 4		38-55-170(1)	Presenting false claims for payment
5 6		38-55-171(A)	Staging a motor vehicle collision
7 8		38-55-171(C)	Aggravated staging a motor vehicle collision
9		38-55-540(3), (4), and (5)	Insurance fraud
10 11		44-53-370(e)	Trafficking in controlled substances
12 13		44-53-375(C)	Trafficking in ice, crank, or crack cocaine
14 15 16 17		44-53-445(B)(1)&(2)	Distribute, sell, manufacture, or possess with intent to distribute controlled substances within proximity of school
18 19 20		56-5-2945	Causing death by operating vehicle while under influence of drugs or alcohol;  and

 

           (c) the offenses enumerated below:

23 24 25		16-1-40	Accessory before the fact for any of the offenses listed in subitems (a) and (b)
26 27 28		16-1-80	Attempt to commit any of the offenses listed in subitems (a) and (b)
29 30 31		43-35-85(E)	Abuse or neglect of a vulnerable adult resulting in great bodily injury.

 

SECTION 10. Section 42-9-440 of the S.C. Code is amended to read:

 

    Section 42-9-440.  The commission shall report all cases of suspected false statement or misrepresentation, as defined in Section 38-55-530(D), to the Insurance Fraud Division of the Office

of the Attorney GeneralDepartment of Insurance for investigation and prosecution, if warranted, pursuant to the Omnibus Insurance Fraud and Reporting Immunity Act.

 

SECTION 11. Section 14-7-1630(A) of the S.C. Code is amended to read:

 

    (A) The jurisdiction of a state grand jury impaneled pursuant to this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:

       (1) a crime involving narcotics, dangerous drugs, or controlled substances, or a 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, or any attempt, aiding, abetting, solicitation, or conspiracy to commit one of the aforementioned crimes, if the crime is of a multi-county nature or has transpired or is transpiring or has significance in more than one county of this State;

       (2) a crime involving criminal gang activity or a pattern of criminal gang activity pursuant to Article 3, Chapter 8, Title 16;

       (3) a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, a crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;

       (4) a crime involving the election laws, including, but not limited to, those named offenses specified in Title 7, or a common law crime involving the election laws if not superseded, or a 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) a crime involving computer crimes, pursuant to Chapter 16, Title 16, or a conspiracy or solicitation to commit a crime involving computer crimes;

       (6) a crime involving terrorism, or a conspiracy or solicitation to commit a crime involving terrorism. Terrorism includes an activity that:

           (a) involves an act dangerous to human life that is a violation of the criminal laws of this State;

           (b) appears to be intended to:

               (i) intimidate or coerce a civilian population;

               (ii) influence the policy of a government by intimidation or coercion; or

               (iii) affect the conduct of a government by mass destruction, assassination, or kidnapping; and

           (c) occurs primarily within the territorial jurisdiction of this State;

       (7) a crime involving a violation of Chapter 1, Title 35 of the Uniform Securities Act, or a crime related to securities fraud or a violation of the securities laws;

       (8) a crime involving obscenity, including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity;

       (9) a crime involving the knowing and wilful making of, aiding and abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in an affidavit regarding an alien's lawful presence in the United States, as defined by law, if the number of violations exceeds twenty or if the public benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;

       (10) a crime involving financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents used in an immigration matter as defined in Section 16-13-525, if the number of violations exceeds twenty, or if the value of the ascertainable loss of money or property suffered by a person or persons from a violation or combination of violations exceeds twenty thousand dollars;

       (11) a crime involving the knowing and wilful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter, as defined by law, if the number of violations exceeds twenty, or if a benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;

       (12) a knowing and wilful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. This crime includes a knowing and wilful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or a knowing and wilful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and wilful crime involving the environment if the anticipated actual damages, including, but not limited to, the cost of remediation, is two million dollars or more, as certified by an independent environmental engineer who must be contracted by the Department of Health and Environmental Control. If the knowing and wilful crime is a violation of federal law, a conviction or an acquittal pursuant to federal law for the same act is a bar to the impaneling of a state grand jury pursuant to this section;

       (13) a crime involving or relating to the offense of trafficking in persons, as defined in Section 16-3-2020, when a victim is trafficked in more than one county or a trafficker commits the offense of trafficking in persons in more than one county;  and

       (14) a crime involving a violation of the South Carolina Anti-Money Laundering Act as set forth in Chapter 11, Title 35, or a crime related to a violation of the Anti-Money Laundering Act.; and

       (15) a crime involving insurance fraud including, but not limited to, a violation of the statutes under the South Carolina Omnibus Insurance Fraud and Reporting Immunity Act or a crime arising out of or in connection with insurance fraud.

 

SECTION 12. This act takes effect upon approval by the Governor.

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