South Carolina General Assembly
121st Session, 2015-2016

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Indicates Matter Stricken
Indicates New Matter

H. 3086

STATUS INFORMATION

General Bill
Sponsors: Reps. Limehouse, G.R. Smith and Pitts
Document Path: l:\council\bills\swb\5202htc15.docx

Introduced in the House on January 13, 2015
Currently residing in the House Committee on Judiciary

Summary: Illegal alien

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/11/2014  House   Prefiled
  12/11/2014  House   Referred to Committee on Judiciary
   1/13/2015  House   Introduced and read first time (House Journal-page 90)
   1/13/2015  House   Referred to Committee on Judiciary 
                        (House Journal-page 90)
   1/15/2015  House   Member(s) request name added as sponsor: Pitts

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/11/2014

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO PROVIDE THAT AN OFFICER OR EMPLOYEE OF AN AGENCY OF THIS STATE OR OF A POLITICAL SUBDIVISION OF THIS STATE MAY NOT TAKE ANY ACTION, REFRAIN FROM ANY ACTION, OR EXPEND OR AUTHORIZE THE EXPENDITURE OF PUBLIC FUNDS IN THIS STATE AS A RESULT OF AN OFFICIAL CONTACT WITH AN INDIVIDUAL WHO IS A NON-CITIZEN OF THE UNITED STATES ILLEGALLY PRESENT IN THE UNITED STATES, AND BECAUSE OF THAT STATUS, SUBJECT TO DEPORTATION BUT FOR EXECUTIVE ACTION TAKEN BY THE PRESIDENT OF THE UNITED STATES, TO PROVIDE THAT THIS REQUIREMENT DOES NOT APPLY WITH REGARD TO THE ENFORCEMENT OF CRIMINAL LAWS AND VIOLATIONS ENFORCED BY CIVIL PENALTIES, AND TO ALLOW A SENTENCING JUDGE IN A CASE RESULTING IN A CRIMINAL CONVICTION OF A NON-CITIZEN ILLEGALLY PRESENT IN THE UNITED STATES SUBJECT TO DEPORTATION BUT FOR EXECUTIVE ACTION TAKEN BY THE PRESIDENT OF THE UNITED STATES, AS A CONDITION OF PAROLE, TO REQUIRE THE INDIVIDUAL TO BE REMOVED FROM AND REMAIN OUT OF THE TERRITORIAL JURISDICTION OF THIS STATE.

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

SECTION    1.    (A)    An officer or employee of an agency of this State or of a political subdivision of this State may not take or refrain from any action, or expend or authorize the expenditure of public funds in this State as a result of an official contact with an individual who is a non-citizen of the United States illegally present in the United States, and because of that status, subject to deportation but for executive action taken by the President of the United States.

(B)(1)    The provisions of subsection (A) do not apply to any matters relating to the application and enforcement of the criminal laws of this State and the punishment imposed on individuals convicted of violating the criminal laws of this State. For purposes of this item, 'criminal laws of this state' include an ordinance of a political subdivision of this State establishing and providing for the enforcement of criminal offenses occurring within the political subdivision.

(2)    The provisions of subsection (A) do not apply to any matters arising under the laws and regulations of this State enforced by civil penalties for violations. For purposes of this item laws and regulations of this State enforced by civil penalties for violations include an ordinance of a political subdivision of this State enforced by civil penalties for violations occurring within the political subdivision.

(C)    The sentencing judge in any case resulting in a criminal conviction of an individual described in subsection (A) may, in addition to any other penalty provided by law and without regard to the territorial jurisdiction of the judge, may order the individual, as a condition of parole, to be removed from the territorial jurisdiction of this State and making this individual's return to the territorial jurisdiction of this State a violation of that parole.

SECTION    2.    This act takes effect upon approval by the Governor

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This web page was last updated on January 15, 2015 at 12:10 PM