S 491 Session 110 (1993-1994)
S 0491 General Bill, By Leventis, Cork, Hayes, McConnell, Passailaigue and
Wilson
Similar(H 3644)
A Bill 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 jurisdiction to include environmental offenses.
03/03/93 Senate Introduced and read first time SJ-6
03/03/93 Senate Referred to Committee on Judiciary SJ-6
A BILL
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 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crimes involving the election laws where not superseded, or any crime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 an 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 amended by adding at the end:
"(C) `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, and the Atomic Energy
Response Act."
SECTION 3. Section 14-7-1630(A) of the 1976 Code, as last amended
by Act 335 of 1992, is amended by adding:
"(4) crimes involving the waters, 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 law, 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.
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