View Amendment Current Amendment: 1 to Bill 268 The Committee on Judiciary proposes the following Amendment No. 1 to S. 268 (COUNCIL\BH\268C001.BH.VR15):

Reference is to Printer's Date 4/28/15.

Amend the bill, as and if amended, by deleting SECTION 2 in its entirety and inserting:

/      SECTION      2.      Section 14-7-1650 of the 1976 Code, as last amended by Act 335 of 1992, is further amended to read:

     "Section 14-7-1650.      (A)      The Attorney General or his designee shall attend sessions of a state grand jury and shall serve as its legal advisor. The Attorney General or his designee shall examine witnesses, present evidence, and draft indictments and reports upon the direction of a state grand jury.
     (B)      In all investigations of the crimes specified in Section 14-7-1630, except in matters where the solicitor(s) or his staff are the subject(s) of such investigation, the Attorney General shall consult with the appropriate solicitor(s) of the jurisdiction(s) where the crime or crimes occurred. After consultation, the Attorney General shall determine whether the investigation should be presented to a county grand jury or whether to petition initiate, under Section 14-7-1630(B), for a state grand jury investigation.
     (C)      Where it is determined that a conflict of interest disqualifies a solicitor or the Attorney General When the Attorney General determines that he should recuse himself from participation in a state grand jury investigation and prosecution, the following shall apply:
           (1)      in the case of a solicitor, the Attorney General may either refer the matter to a solicitor for investigation and prosecution, or remove himself entirely from any involvement in the case and designate a prosecutor to assume his functions and duties pursuant to this article. When a solicitor determines that he should recuse himself from participation in a state grand jury matter, the Attorney General shall conduct such investigation and prosecution unless the Attorney General and a solicitor not so disqualified concur in the appointment by the Attorney General of the eligible solicitor as a designee of the Attorney General pursuant to Sections 14-7-1650 and 14-7-1750; but the Attorney General, in his discretion, may designate another solicitor or appoint a special prosecutor not subject to a conflict to handle or assist him in the state grand jury investigation as the Attorney General deems appropriate.
           (2)      in the case of the Attorney General's disqualification, the matter shall be referred to a solicitor for investigation and prosecution.
     Any doubt regarding disqualification shall be resolved by the presiding judge of the state grand jury.
     (D)(1)      A hearing on a motion to disqualify the Attorney General or legal advisor for the state grand jury from a state grand jury investigation shall be held in public, however the presiding judge must conduct the hearing in a manner to insure the secrecy and integrity of the investigation. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. In order to disqualify the Attorney General or legal advisor for the state grand jury, the presiding judge must find an actual conflict of interest resulting in actual prejudice against the moving party.
           (2)      An order to disqualify the Attorney General or legal advisor for the state grand jury from a state grand jury investigation, issued prior to the issuance of an indictment or arrest warrant, shall not become effective less than ten days after the date issued and notice is given to the opposing parties unless appealed. If an appeal from the order is made, the state grand jury and the Attorney General or legal advisor for the state grand jury, except as is otherwise ordered by the Supreme Court, shall continue to exercise their powers pending disposition of the appeal. The Supreme Court must handle all appeals from this section in an expedited manner.
           (3)      The state grand jury may continue with its investigation and the Attorney General or the solicitor or his designee may continue to serve as legal advisor to the state grand jury with all authority, functions, and responsibilities set forth in this article, until the final order becomes effective or upon the issuance of the final order of the Supreme Court if appealed, whichever occurs later."      /

Amend the bill further, as and if amended, by deleting SECTION 6 in its entirety and inserting:

/ SECTION      6.      Section 14-7-1730 of the 1976 Code, as last amended by Act 335 of 1992, is further amended to read:

     "Section 14-7-1730.      (A)      Except for the prosecution of cases arising from indictments issued by the state grand jury, and subject to the provisions and standards provided in Sections 14-7-1630 and 14-7-1650, the presiding judge has jurisdiction to hear all matters arising from the proceedings of a state grand jury, including, but not limited to, matters relating to the impanelment or removal of state grand jurors, the quashing of subpoenas, the punishment for contempt, and the matter of bail for persons indicted by a state grand jury.
     (B)      A person indicted by a state grand jury for a bailable offense must have a bond hearing before the end of the second business day following the day he was arrested in the State of South Carolina for that offense or the day he was delivered within the State of South Carolina following extradition for that offense from another State or jurisdiction, and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility. If the presiding judge or acting presiding judge is not available, the initial bond hearing following arrest for a state grand jury indictment may be conducted by any circuit judge of competent jurisdiction in the county where the grand jury was impaneled. A 'business day' pursuant to this subsection is any day in which the county courthouse is open in the county where the grand jury was impaneled." /

Renumber sections to conform.
Amend title to conform.