Affidavit alleging fraud, bribery, or gifts violation by public official--Investigation--Referral to state's attorney or attorney general.

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23-3-72. Affidavit alleging fraud, bribery, or gifts violation by public official--Investigation--Referral to state's attorney or attorney general.

Any person may file a sworn affidavit with the Division of Criminal Investigation alleging:

(1)Fraud by an elected official, public officer, or public employee in the performance of any duty imposed by law on the elected official, public officer, or public employee pursuant to §22-30A-10;

(2)Bribery in public office pursuant to §2-12-9, 22-12A-7, or 22-12A-11; or

(3)An intentional violation of any limit on gifts to public officials under chapter 2-12.

The person filing the affidavit with the Division of Criminal Investigation shall provide the subject of the affidavit with a copy of the affidavit by certified mail. The division shall review the facts alleged in the sworn affidavit and may initiate and conduct an investigation to determine if a law has been violated. If the division has cause to believe that a law has been violated, the division shall refer the matter to a state's attorney or the attorney general for prosecution and shall notify the subject of the affidavit of the referral by certified mail.

Source: SL 2017, ch 73, §3.


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