Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 26, 2004
H. 4790
Introduced by Reps. Merrill, Hinson, Harrison, Quinn, McLeod, J.E. Smith, Herbkersman, Lourie, Bingham, Scarborough, Young, E.H. Pitts, Emory, McGee, Frye, J.H. Neal, Hagood, Allen, Altman, Bailey, Barfield, Battle, Bowers, Cato, Ceips, Chellis, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Duncan, Edge, Hamilton, Keegan, Kennedy, Leach, G.R. Smith, Cotty, Limehouse, Toole, Harvin, Littlejohn, Martin, McCraw, Miller, M.A. Pitts, Sandifer, G.M. Smith, W.D. Smith, Stille, Talley, Taylor, Umphlett, Viers, Weeks and Whitmire
S. Printed 5/26/04--S.
Read the first time April 20, 2004.
To whom was referred a Bill (H. 4790) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ 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 wilfull acts which result in actual and substantial harm to 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 any 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 further amended by adding an appropriately lettered subsection to read:
"( ) 'Environmental offenses' are crimes involving wilfull acts which result in actual and substantial harm to the water, ambient air, soil or land, or both soil and land, including, but not limited to, violations of 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 Pollution Control Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or any common law crimes involving environmental laws not superseded, or any crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the environment."
SECTION 3. Section 14-7-1630 of the 1976 Code, as last amended by Act 78 of 2003, is further amended to read:
"Section 14-7-1630. (A) The jurisdiction of a state grand jury impaneled under 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) 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 if the crimes are of a multi-county nature or have transpired or are transpiring or have significance in more than one county of this State;
(2) any crime, statutory, common law, or other, involving public corruption as defined in Section 14-7-1615, any 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 any crime, statutory, common law, or other, involving public corruption as defined in Section 14-7-1615;
(3) 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;
(4) crimes involving computer crimes, pursuant to Chapter 16, Title 16, or any conspiracy or solicitation to commit these crimes;
(5) crimes involving terrorism, or any conspiracy or solicitation to commit these crimes. Terrorism includes activities that:
(a) involve acts dangerous to human life that are a violation of the criminal laws of this State;
(b) appear 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) occur primarily within the territorial jurisdiction of this State; and
(6) crimes involving any violation of Chapter 1, Title 35 of The Uniform Securities Act, or any crime related to securities fraud or a violation of the securities laws.; and
(7) crimes involving wilfull acts which result in actual and substantial harm to the water, ambient air, soil or land, or both soil and land, including, but not limited to, violations of 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 Pollution Control Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or any common law crimes involving environmental laws not superseded, or any crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the environment if the anticipated damages, including, but not limited to the cost of remediation, are five hundred thousand dollars or more.
(B) Whenever the Attorney General and the Chief of the South Carolina Law Enforcement Division consider it necessary and normal investigative or prosecutorial procedures are not adequate, the Attorney General may petition in writing to the Chief Administrative Judge of the judicial circuit in which he seeks to impanel a state grand jury for an order impaneling a state grand jury. This judge is referred to in this article as the impaneling judge. The petition must allege the type of offenses to be inquired into and, in the case of those offenses contained in subsection (A)(1), must allege that these offenses may be of a multi-county nature or have transpired or are transpiring or have significance in more than one county of the State. The petition in all instances must specify that the public interest is served by the impanelment.
(C) In all investigations of crimes specified in subsection (A)(7), except in matters where the Department of Health and Environmental Control or its officers or employees are the subjects of the investigation, the Attorney General must consult with and receive a formal written recommendation from the Commissioner of the Department of Health and Environmental Control before presenting the petition to the Chief Administrative Judge pursuant to Section 14-7-1630(B). If the Commissioner of the Department of Health and Environmental Control fails to provide a formal written recommendation within ten days of the Attorney General's request, the Attorney General may proceed with the petition to the Chief Administrative Judge pursuant to Section 14-7-1630(B), unless the Attorney General and Commissioner have mutually agreed upon an extension of that time period. The ultimate recommendation by the Commissioner is not binding on the Attorney General.
(C)(D) The impaneling judge, after due consideration of the petition, may order the impanelment of a state grand jury in accordance with the petition for a term of twelve calendar months. Upon petition by the Attorney General, the then chief administrative judge of the judicial circuit in which a state grand jury was impaneled, by order, may extend the term of that state grand jury for a period of six months but the term of that state grand jury, including any extension thereof, shall not exceed two years.
(D)(E) The chief administrative judge of the circuit wherein a state grand jury is sitting shall preside over that state grand jury during his tenure as chief administrative judge. The successor chief administrative judge shall assume all duties and responsibilities with regard to any state grand jury impaneled before his term, including, but not limited to, presiding over the state grand jury and ruling on petitions to extend its term. This judge is referred to in this article as the presiding judge.
(E)(F) The presiding judge may discharge a state grand jury 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 Attorney General.
(F)(G) If, at any time within the original term of any state grand jury or any extension thereof, the presiding judge determines that the state 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 state grand jury and existing law or he may discharge the state grand jury. An order issued pursuant to this subsection or under subsection (E)(F) shall not become effective less than ten days after the date on which it is issued and actual notice given to the Attorney General and the foreman of the state grand jury, and may be appealed by the Attorney General to the Supreme Court. If an appeal from the order is made, the state grand jury, except as is otherwise ordered by the Supreme Court, shall continue to exercise its powers pending disposition of the appeal."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
JAMES H. RITCHIE, JR. DICK ELLIOTT
For Majority. For Minority.
EXPLANATION OF IMPACT:
The Attorney General's Office indicates that costs will be incurred to the General Fund of the State if this legislation is adopted. This legislation would require $71,900 to fill 1.00 vacant FTE in the Attorney General's Office. Of the total cost, $56,250 is incurred in personal service, $9,500 is incurred in other operating, and $6,150 is incurred in other operating non-recurring funds. In Fiscal Year 2002-2003, 14 cases were brought before the state grand jury and managed by the 4.00 attorneys on staff assigned to such cases. It is necessary to add 1.00 new attorney with experience in criminal environmental prosecution to manage the new caseload that will be generated by expanding the jurisdiction of the state grand jury.
Approved By:
Don Addy
Office of State Budget
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 ITS 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 any 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 further amended by adding an appropriately lettered subsection to read:
"( ) '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, the Atomic Energy and Radiation Control Act, the South Carolina Mining Act, the Coastal Zone Management Act, and the Sediment and Erosion Control Act."
SECTION 3. Section 14-7-1630(A) of the 1976 Code, as last amended by Act 78 of 2003, is further amended to read:
"(A) The jurisdiction of a state grand jury impaneled under 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) 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 if the crimes are of a multi-county nature or have transpired or are transpiring or have significance in more than one county of this State;
(2) any crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, any 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 any crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;
(3) 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;
(4) crimes involving computer crimes, pursuant to Chapter 16, Title 16, or any conspiracy or solicitation to commit these crimes;
(5) crimes involving terrorism, or any conspiracy or solicitation to commit these crimes. Terrorism includes activities that:
(a) involve acts dangerous to human life that are a violation of the criminal laws of this State;
(b) appear 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) occur primarily within the territorial jurisdiction of this State; and
(6) crimes involving any violation of Chapter 1, Title 35 of The Uniform Securities Act, or any crime related to securities fraud or a violation of the securities laws. ; and
(7) crimes involving the water, 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 laws, 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.
This web page was last updated on Thursday, June 25, 2009 at 9:55 A.M.