Bill Text: SC S0391 | 2021-2022 | 124th General Assembly | Introduced


Bill Title: Financial gain from office

Spectrum: Bipartisan Bill

Status: (Introduced) 2021-01-12 - Referred to Committee on Judiciary [S0391 Detail]

Download: South_Carolina-2021-S0391-Introduced.html


A BILL

TO AMEND SECTION 8-13-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF AN OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, SO AS TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE PROHIBITION, AND TO PRECLUDE VIOLATORS FROM SERVING AS A PUBLIC OFFICIAL OR PUBLIC MEMBER OR BEING EMPLOYED AS A PUBLIC EMPLOYEE.

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

SECTION    1.    Section 8-13-700 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:

    "( )(1)    A person who violates subsection (A) or (B) of this section is guilty of a felony and, upon conviction, must be fined not less than five thousand dollars and not more than ten thousand dollars, imprisoned for not less than five years and not more than ten years, or both.

        (2)    In lieu of the fine contained in item (1), a person convicted of violating subsection (A) or (B) of this section may be fined an amount equal to the value of the financial gain or economic interest that required abstention from the use of his office, membership, or employment if the court can determine that amount and if that amount exceeds ten thousand dollars.

        (3)    A person convicted of violating subsection (A) or (B) of this section is ineligible to serve as a public official or public member or be employed as a public employee."

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

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