Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 14-7-1610(A) and (H) of the 1976 Code, as last amended by Act 82 of 2007, is further amended to read:
"(A) 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, trafficking in persons, 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 with the authority to cross county lines.
(H) Accordingly, the General Assembly concludes that a state grand jury should be allowed to investigate certain crimes related to narcotics, dangerous drugs or controlled substances, criminal gang activity, trafficking in persons, and obscenity and also should be allowed to investigate crimes involving public corruption, election laws, and environmental offenses."
SECTION 2. Section 14-7-1630(A) of the 1976 Code, as last amended by Act 280 of 2008, is further amended to read:
"(A) The
jurisdiction of a state grand jury impaneled pursuant to
the provisions of 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 the provisions
of Article 3, of 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 as
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;
and
(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, are
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,
then 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.;
and
(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."
SECTION 3. Section 16-3-2010(7) of the 1976 Code, as added by Act 258 of 2012, is amended to read:
"(7) 'Sex
trafficking' means the recruitment, harboring, transportation,
provision, or obtaining of a person for one of the following
when it is induced by force, fraud, or coercion or the person
forced to perform performing the act is
under the age of eighteen years and anything of value is given,
promised to, or received, directly or indirectly, by another
person:
(a)
criminal sexual conduct pursuant to Section 16-3-651;
(b)
criminal sexual conduct in the first degree pursuant to
Section 16-3-652;
(c)
criminal sexual conduct in the second degree pursuant to
Section 16-3-653;
(d)
criminal sexual conduct in the third degree pursuant to
Section 16-3-654;
(e)
criminal sexual conduct with a minor pursuant to Section
16-3-655;
(f)
engaging a child for sexual performance pursuant to
Section 16-3-810;
(g)
performance pursuant to Section 16-3-800;
(h)
producing, directing, or promoting sexual performance by a
child pursuant to Section 16-3-820;
(i)
sexual battery pursuant to Section 16-3-651;
(j)
sexual conduct pursuant to Section 16-3-800; or
(k)
sexual performance pursuant to Section 16-3-800."
SECTION 4. Article 19, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-2100.
(A) The following establishments are
required to post the information contained in subsection (B)
regarding the National Human Trafficking
Resource Center Hotline:
(1)
an establishment which has been declared a nuisance for
prostitution pursuant to Chapter 43, Title 15;
(2)
an adult business, including a nightclub, bar, restaurant,
or another similar establishment in which a person appears in a
state of sexually explicit nudity, as defined in Section
16-15-375, or seminudity, as defined in Section 57-25-120;
(3)
businesses and establishments that offer massage or
bodywork services by any person who is not licensed under
Chapter 30, Title 40;
(4)
emergency rooms within any hospital;
(5)
urgent care centers;
(6)
any hotel, motel, room, or accommodation furnished to
transients for which fees are charged in this State;
(7)
all agricultural labor contractors and agricultural labor
transporters as defined pursuant to Section 41-27-120; and
(8)
all airports, train stations, bus stations, rest areas,
and truck stops.
(B) The information
must be posted in each public restroom for the business or
establishment and a prominent location conspicuous to the public
at the entrance of the establishment where posters and notices
are customarily posted on a poster no smaller than eight and
one-half by eleven inches in size and must state in both English
and Spanish on the same poster information relevant to the
hotline, including the following or language substantially
similar:
'If you or someone you know is being forced to engage in any
activity and cannot leave, whether it is commercial sex,
housework, farm work, or any other activity, call the National
Human Trafficking Resource Center Hotline at 1-888-373-7888 to
access help and services. Victims of human trafficking are
protected under federal law and the laws of South Carolina. The
hotline is:
(1)
available twenty-four hours a day, seven days a week;
(2)
operated by a nonprofit, nongovernmental organization;
(3)
anonymous and confidential;
(4)
accessible in one hundred seventy languages;
(5)
able to provide help, referral to services, training, and
general information.'
(C) The Department of
Revenue, the State Law Enforcement Division, and the Department
of Transportation, as appropriate depending on the regulatory
control or authority the respective department exercises over
the establishment, are directed to provide each establishment
with the notice required to be posted by this section. The
departments shall post on the departments' websites a sample of
the notice required to be posted which must be accessible for
download. The business must download and post the notice in not
less than sixteen point font.
(D) The Department of
Revenue, the State Law Enforcement Division, or the Department
of Transportation, as appropriate, is authorized to issue a
written warning to an establishment which fails to post the
required notice provided in this section and may assess a fine
of not more than fifty dollars for each subsequent violation.
Each day that the establishment remains in violation of this
section is considered a separate and distinct violation and the
establishment may be fined accordingly.
(E) The South Carolina
Human Trafficking Task Force, Department of Revenue, and
Department of Transportation are directed to collaborate on the
design of the required notice to be posted and may partner to
develop materials, and shall have the design finalized no later
than one-hundred twenty days after the effective date of this
section. Establishments required to post the notice must be in
compliance no later than six months after the effective date of
this action.
(F) This section does
not apply to establishments providing entertainment in theatres,
concert halls, art centers, museums, or similar establishments
that are devoted primarily to the arts or theatrical
performances when the performances presented are expressing
matters of serious literary, artistic, scientific, or political
value."
SECTION 5. Section 16-3-2050(B) and (C) of the 1976 Code, as added by Act 258 of 2012, is amended to read:
"(B) The task
force shall consist of, at a minimum, representatives from:
(1)
the Office of the Attorney General, who must be chair;
(2)
the South Carolina Labor, Licensing and Regulation;
(3)
the South Carolina Police Chiefs Association;
(4)
the South Carolina Sheriffs' Association;
(5)
the State Law Enforcement Division;
(6)
the Department of Health and Environmental Control
Board;
(7)
the United States Department of
Labor;
(8)
the State Office of Victim Assistance;
(9)(8) the
South Carolina Commission on Prosecution Coordination;
(10)(9) the
Department of Social Services;
(11)(10) a
representative from the Office of the Governor;
(12)(11) a
representative from the Department of Employment and Workforce;
and
(13)(12) two
persons appointed by the Attorney General from nongovernmental
organizations, especially those specializing in trafficking in
persons, those representing diverse communities
disproportionately affected by trafficking, agencies devoted to
child services and runaway services, and academic researchers
dedicated to the subject of trafficking in persons.
(C) The Attorney
General shall invite representatives of the United States
Department of Labor, the United States Attorneys'
offices, and of federal law enforcement
agencies' offices within the State, including the Federal Bureau
of Investigations and the United States Immigration and Customs
Enforcement office, to be members of the task force."
SECTION 6.A. Section 8-30-10(A) of the 1976 Code, as added by Act 280 of 2008, is amended to read:
"(A) The executive
director of the State Commission for Minority Affairs, or a
designee, shall establish and maintain a twenty-four hour toll
free telephone number and electronic website to receive, record,
collect, and report allegations of violations of federal
immigration laws or related provisions of South Carolina law by
any non-United States citizen or immigrant, and allegations of
violations of any federal immigration laws or related provisions
in South Carolina law against any non-United States citizen or
immigrant. Such violations shall include, but are not limited
to, E-Verify or other federal work authorization program
violations, violations of Chapter 83 of Title 40 of this code
relating to immigration assistance services, or any regulations
enacted governing the operation of immigration assistance
services, false or fraudulent statements made or documents filed
in relation to an immigration matter, as defined by Section
40-83-20, violation of human trafficking laws, as defined in
Section 16-3-930 16-3-2020, landlord
tenant law violations, or violations of any law pertaining to
the provision or receipt of public assistance benefits or public
services."
B. Section 16-1-60 of the 1976 Code, as last amended by Act 255 of 2012, is further amended to read:
"Section 16-1-60.
For purposes of definition under South Carolina law, a
violent crime includes the offenses of: murder (Section
16-3-10); attempted murder (Section 16-3-29); assault and
battery by mob, first degree, resulting in death (Section
16-3-210(B)), criminal sexual conduct in the first and second
degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct
with minors, first, second, and third degree (Section 16-3-655);
assault with intent to commit criminal sexual conduct, first and
second degree (Section 16-3-656); assault and battery with
intent to kill (Section 16-3-620); assault and battery of a high
and aggravated nature (Section 16-3-600(B)); kidnapping (Section
16-3-910); trafficking in persons (Section
16-3-930 16-3-2020); voluntary
manslaughter (Section 16-3-50); armed robbery (Section
16-11-330(A)); attempted armed robbery (Section 16-11-330(B));
carjacking (Section 16-3-1075); drug trafficking as defined in
Section 44-53-370(e) or trafficking cocaine base as defined in
Section 44-53-375(C); manufacturing or trafficking
methamphetamine as defined in Section 44-53-375; arson in the
first degree (Section 16-11-110(A)); arson in the second degree
(Section 16-11-110(B)); burglary in the first degree (Section
16-11-311); burglary in the second degree (Section
16-11-312(B)); engaging a child for a sexual performance
(Section 16-3-810); homicide by child abuse (Section
16-3-85(A)(1)); aiding and abetting homicide by child abuse
(Section 16-3-85(A)(2)); inflicting great bodily injury upon a
child (Section 16-3-95(A)); allowing great bodily injury to be
inflicted upon a child (Section 16-3-95(B)); criminal domestic
violence of a high and aggravated nature (Section 16-25-65);
abuse or neglect of a vulnerable adult resulting in death
(Section 43-35-85(F)); abuse or neglect of a vulnerable adult
resulting in great bodily injury (Section 43-35-85(E)); taking
of a hostage by an inmate (Section 24-13-450); detonating a
destructive device upon the capitol grounds resulting in death
with malice (Section 10-11-325(B)(1)); spousal sexual battery
(Section 16-3-615); producing, directing, or promoting sexual
performance by a child (Section 16-3-820); sexual exploitation
of a minor first degree (Section 16-15-395); sexual exploitation
of a minor second degree (Section 16-15-405); promoting
prostitution of a minor (Section 16-15-415); participating in
prostitution of a minor (Section 16-15-425); aggravated
voyeurism (Section 16-17-470(C)); detonating a destructive
device resulting in death with malice (Section 16-23-720(A)(1));
detonating a destructive device resulting in death without
malice (Section 16-23-720(A)(2)); boating under the influence
resulting in death (Section 50-21-113(A)(2)); vessel operator's
failure to render assistance resulting in death (Section
50-21-130(A)(3)); damaging an airport facility or removing
equipment resulting in death (Section 55-1-30(3)); failure to
stop when signaled by a law enforcement vehicle resulting in
death (Section 56-5-750(C)(2)); interference with
traffic-control devices, railroad signs, or signals resulting in
death (Section 56-5-1030(B)(3)); hit and run resulting in death
(Section 56-5-1210(A)(3)); felony driving under the influence or
felony driving with an unlawful alcohol concentration resulting
in death (Section 56-5-2945(A)(2)); putting destructive or
injurious materials on a highway resulting in death (Section
57-7-20(D)); obstruction of a railroad resulting in death
(Section 58-17-4090); accessory before the fact to commit any of
the above offenses (Section 16-1-40); and attempt to commit any
of the above offenses (Section 16-1-80). Only those offenses
specifically enumerated in this section are considered violent
offenses."
C. Section 17-25-45(C)(1) of the 1976 Code is amended to read:
"(1)
'Most serious offense' means:
16-1-40
Accessory, for any offense enumerated
in this item
16-1-80
Attempt, for any offense enumerated
in this item
16-3-10
Murder
16-3-29
Attempted Murder
16-3-50
Voluntary manslaughter
16-3-85(A)(1)
Homicide by child abuse
16-3-85(A)(2)
Aiding and abetting homicide by child abuse
16-3-210
Lynching, First degree
16-3-210(B)
Assault and battery by mob,
First degree
16-3-620
Assault and battery with intent to
kill
16-3-652
Criminal sexual conduct, First
degree
16-3-653
Criminal sexual conduct, Second
degree
16-3-655
Criminal sexual conduct with minors,
except where evidence presented at the criminal proceeding and
the court, after the conviction, makes a specific finding on the
record that the conviction obtained for this offense resulted
from consensual sexual conduct where the victim was younger than
the actor, as contained in Section 16-3-655(3)
16-3-656
Assault with intent to commit
criminal sexual conduct, First and Second degree
16-3-910
Kidnapping
16-3-920
Conspiracy to commit kidnapping
16-3-930
Trafficking in persons 16-3-1075
Carjacking
16-3-2020
Trafficking in
persons
16-11-110(A)
Arson, First degree
16-11-311
Burglary, First degree
16-11-330(A)
Armed robbery
16-11-330(B)
Attempted armed robbery
16-11-540
Damaging or destroying
building, vehicle, or other property by means of explosive
incendiary, death results
24-13-450
Taking of a hostage by an
inmate
25-7-30
Giving information respecting
national or state defense to foreign contacts during war
25-7-40
Gathering information for an
enemy
43-35-85(F)
Abuse or neglect of a
vulnerable adult resulting in death
55-1-30(3)
Unlawful removing or damaging
of airport facility or equipment when death results
56-5-1030(B)(3)
Interference with traffic-control devices or
railroad signs or signals prohibited when death results from
violation
58-17-4090
Obstruction of railroad, death
results."
D. Section 23-3-430(C)(17) of the 1976 Code, as last amended by Act 289 of 2010, is further amended to read:
"(17)
trafficking in persons (Section
16-3-930 16-3-2020) except when the
court makes a finding on the record that the offense did not
include a criminal sexual offense or an attempted criminal
sexual offense;"
E. Section 23-3-490(D)(1)(h) of the 1976 Code, as last amended by Act 289 of 2010, is further amended to read:
"(h)
trafficking in persons (Section
16-3-930 16-3-2020) except when the
court makes a finding on the record that the offense did not
include a criminal sexual offense or an attempted criminal
sexual offense."
F. Section 23-3-540(G)(1)(i) of the 1976 Code, as last amended by Act 255 of 2012, is further amended to read:
"(i)
trafficking in persons (Section
16-3-930 16-3-2020) of a person under
eighteen years of age except when the court makes a finding on
the record that the offense did not include a criminal sexual
offense or an attempted criminal sexual offense; or"
G. Section 44-53-370(f)(2) of the 1976 Code, as last amended by Act 289 of 2010, is further amended to read:
"(2)
trafficking in persons, Section
16-3-930 16-3-2020;"
SECTION 7. 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 8. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.