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.