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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 8-31-10 SO AS TO CREATE THE "PROHIBITION OF SANCTUARY JURISDICTIONS ACT"; BY ADDING SECTION 8-31-20 SO AS TO PROVIDE THAT FUNDS APPROPRIATED BY THE STATE MUST NOT BE OBLIGATED OR EXPENDED FOR A COUNTY, MUNICIPALITY, CITY, PUBLIC SERVICE DISTRICT, SPECIAL PURPOSE DISTRICT, SPECIAL TAX DISTRICT, OR ANY TYPE OF POLITICAL SUBDIVISION DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE A SANCTUARY JURISDICTION; BY ADDING SECTION 8-31-30 SO AS TO AUTHORIZE THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO PUBLISH THE IMMIGRATION COMPLIANCE REPORT AND FOR THE STATE TREASURER TO WITHOLD DISBURSEMENTS FROM THE LOCAL GOVERNMENT FUND TO ANY COUNTY OR MUNICIPALITY NOT CERTIFIED AS COMPLIANT IN THE REPORT; BY AMENDING SECTION 17-15-10, RELATING TO A PERSON CHARGED WITH A NONCAPITAL OFFENSE MAY BE RELEASED ON HIS OWN RECOGNIZANCE, SO AS TO PROVIDE THAT AN ILLEGAL ALIEN DETAINED BY A LOCAL OR STATE LAW ENFORCEMENT AGENCY NOT BE RELEASED INTO THE COMMUNITY, BUT HELD UNTIL TRANSFERRED TO THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT; AND BY AMENDING SECTION 17-15-30, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE, SO AS TO PROVIDE FOR AN ALIEN UNLAWFULLY PRESENT IN THE UNITED STATES THAT THE PROVISIONS OF 17-15-10(C) BE FOLLOWED.

 

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

 

SECTION 1.  Title 8 of the S.C. Code is amended by adding:

 

CHAPTER 31

 

The Prohibition of Sanctuary Jurisdictions Act

 

    Section 8-31-10. This act may be cited as the "Prohibition of Sanctuary Jurisdictions Act".

 

    Section 8-31-20. (A)(1) As used in this chapter, the term "sanctuary jurisdiction" means a county, municipality, city, public service district, special purpose district, special tax district, or any type of political subdivision that has in effect or enacts an ordinance, policy, or practice that prohibits or restricts any government entity or official from:

           (a) sending, receiving, maintaining, or exchanging with any federal, state, or local government entity information regarding the citizenship or immigration status of any individual; or

           (b) complying with a lawful request made by the Department of Homeland Security to comply with a detainer for or notification about the release of an individual.

       (2) A county, municipality, city, public service district, special purpose district, special tax district, or any type of political subdivision is not a sanctuary jurisdiction based solely on its having a policy not to:

           (a) share information about the citizenship or immigration status of an individual; or

           (b) comply with a Department of Homeland Security request regarding an individual who comes forward as a victim or a witness to a criminal offense.

    (B) Funds appropriated by the State must not be obligated or expended for a county, municipality, city, public service district, special purpose district, special tax district, or any type of political subdivision determined by a court of competent jurisdiction to be a sanctuary jurisdiction.

    (C) If a county, municipality, city, public service district, special purpose district, special tax district, or any type of political subdivision is determined by a court of competent jurisdiction to be a sanctuary jurisdiction, the court must direct that its State funding for the period it has been a sanctuary jurisdiction be returned to the State Treasurer with a civil penalty of not less than five thousand dollars and not more than twenty-five thousand dollars.

    (D) For the period a court of competent jurisdiction determines that a county, municipality, city, public service district, special purpose district, special tax district, or any type of political subdivision is a sanctuary jurisdiction, that sanctuary jurisdiction shall have waived its immunity from civil liability in tort and is responsible for actual and punitive damages from any act committed by an unauthorized alien within the corporate limits of the sanctuary jurisdiction.

 

    Section 8-31-30. (A) From its appropriated funds, the South Carolina Law Enforcement Division (SLED) shall publish the Immigration Compliance Report. SLED may conduct investigations necessary to ensure the accuracy of information provided by counties and municipal governments within the report. Every agency of this State, and political subdivision thereof, shall provide documentation that SLED considers necessary for the publication of the report, which must contain a list of county and municipal governments that SLED has certified to be compliant with Sections 17-13-170(E) and 23-3-1100 as well as compliant with any federal laws related to the presence of an unlawful person in the United States in the previous fiscal year.

    (B) The Immigration Compliance Report must be provided to the General Assembly, the Governor, and the State Treasurer annually by December thirty-first.

    (C) After the first publication of the Immigration Compliance Report, the State Treasurer shall withhold any remaining disbursement from the Local Government Fund to any county or municipality that is not certified as compliant in the report.

 

SECTION 2.  Section 17-15-10 of the S.C. Code is amended to read:

 

    Section 17-15-10.   (A) AExcept as provided in subsection (C), a person charged with a noncapital offense triable in either the magistrates, county or circuit court, shall, at his appearance before any of such courts, be ordered released pending trial on his own recognizance without surety in an amount specified by the court, unless the court determines in its discretion that such a release will not reasonably assure the appearance of the person as required, or unreasonable danger to the community or an individual will result. If such a determination is made by the court, it may impose any one or more of the following conditions of release:

       (1) require the execution of an appearance bond in a specified amount with good and sufficient surety or sureties approved by the court;

       (2) place the person in the custody of a designated person or organization agreeing to supervise him;

       (3) place restrictions on the travel, association, or place of abode of the person during the period of release;

       (4) impose any other conditions deemed reasonably necessary to assure appearance as required, including a condition that the person return to custody after specified hours.

    (B) A person charged with the offense of burglary in the first degree pursuant to Section 16-11-311 may have his bond hearing for that charge in summary court unless the solicitor objects.

    (C)(1) Any illegal alien who is detained by a local or state law enforcement agency must not be released into the community, but must be held by that agency until the illegal alien is transferred into the custody of the United States Immigration and Customs Enforcement.

       (2) Illegal aliens transferred from a local or state law enforcement agency to the United States Immigration and Customs Enforcement are not relieved of their obligation to pay court-ordered restitution or other legal financial obligations.

 

SECTION 3.  Section 17-15-30 of the S.C. Code is amended to read:

 

    Section 17-15-30.   (A) In determining conditions of release that will reasonably assure appearance, or if release would constitute an unreasonable danger to the community or an individual, a court may, on the basis of the following information, consider the nature and circumstances of an offense charged and the charged person's:

       (1) family ties;

       (2) employment;

       (3) financial resources;

       (4) character and mental condition;

       (5) length of residence in the community;

       (6) record of convictions;  and

       (7) record of flight to avoid prosecution or failure to appear at other court proceedings.

    (B) A court must consider:

       (1) a person's criminal record;

       (2) any current charges pending against a person and any prior charges against a person at the time release is requested;

       (3) all incident reports generated as a result of an offense charged;

       (4) whether a person is an alien unlawfully present in the United States, andposes a substantial flight risk due to this status follow the requirements of Section 17-15-10(C);

       (5) whether the charged person appears in the state gang database maintained at the State Law Enforcement Division;  and

       (6) whether a person is currently out on bond for another offense.

    (C)(1) Prior to or at the time of a hearing, the arresting law enforcement agency must provide the court with the following information:

           (a) a person's criminal record;

           (b) any charges pending against a person at the time release is requested;

           (c) all incident reports generated as a result of the offense charged;  and

           (d) any other information that will assist the court in determining conditions of release to include, but not be limited to, notification of any existing bonds for another offense.

       (2) The arresting law enforcement agency shall inform the court if any of the information is not available at the time of the hearing and the reason the information is not available.  Failure on the part of the law enforcement agency to provide the court with the information does not constitute grounds for the postponement or delay of the person's hearing.  Notwithstanding the provisions of this item, when a person is charged with a violation of Chapter 25, Title 16, the bond hearing may not proceed without the person's criminal record and incident report or the presence of the arresting officer.  The bond hearing for a violation of Chapter 25, Title 16 must occur within twenty-four hours after the arrest.

    (D) A court hearing these matters has contempt powers to enforce the provisions of this section.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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