2020 South Carolina Code of Laws
Title 2 - General Assembly
Chapter 20 - Nonjudicial Screening And Election
Section 2-20-380. Powers of commission in discharge of investigatory duties; subpoena and contempt powers.
(A) The commission in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary in connection with the investigation of the commission.
(B) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the commission on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. However, no individual may be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual testifying shall not be exempt from prosecution and punishment for perjury and false swearing committed in testifying.
(C) In the case of contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the commission may issue to the person an order requiring him to appear before the commission to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt of the commission. Subpoenas must be issued in the name of the commission and must be signed by the commission chairman. Subpoenas must be issued to those persons as the commission may designate.
HISTORY: 2017 Act No. 17 (S.213), Section 1, eff May 9, 2017.
