South Carolina General Assembly
120th Session, 2013-2014

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Bill 5072


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-1655 SO AS TO ESTABLISH PROTOCOLS FOR THE APPOINTMENT OF A SPECIAL PROSECUTOR FOR CONSTITUTIONAL OFFICERS AND CERTAIN OTHER OFFICERS ALLEGED TO HAVE COMMITTED CRIMINAL VIOLATIONS OF CHAPTER 13, TITLE 8 OR ALLEGED TO HAVE COMMITTED AN ACT OF PUBLIC CORRUPTION.

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

SECTION    1.    Article 15, Chapter 7, Title 14 of the 1976 Code is amended by adding:

"Section 14-7-1655.    In the matter of an alleged criminal violation of the provisions of Chapter 13, Title 8 or an act of public corruption, as defined in Section 14-7-1620, by a constitutional officer or other officer subject to removal from office pursuant to Section 1-3-240(C)(1), a special prosecutor may be authorized by majority vote of both the Senate and House of Representatives. If a special prosecutor is authorized, the President Pro Tempore of the Senate and the Speaker of the House of Representatives, upon mutual agreement, together shall appoint a special prosecutor to investigate such allegation who must be a member in good standing of the South Carolina Bar Association. The special prosecutor is entitled to the full resources and utilization of the State Grand Jury as provided in this article and is deemed to stand in the place of the Attorney General when appointed pursuant to this section."

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

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