The bill H. 4282 aims to amend the South Carolina Code of Laws by adding Article 6 to Chapter 9, Title 16, which addresses offenses committed by undocumented immigrants. It establishes that any individual arrested for violating a criminal law who is later found to be unlawfully present in the United States will be guilty of a felony, with a minimum imprisonment term of five years. However, the court may opt to dismiss the prosecution and order the individual to return to their country of origin if certain conditions are met, such as the individual agreeing to the order and having no prior violent crime convictions.
Additionally, the bill mandates the collection of identifying information, including fingerprints and biometric data, from arrested individuals, which must be cross-referenced with relevant criminal databases and federal threat classifications. The South Carolina Law Enforcement Division is authorized to maintain this information. The bill also includes provisions for an affirmative defense if the individual has lawful presence or asylum status, and it prohibits municipalities from enacting conflicting regulations regarding the presence of unauthorized individuals in the state. The act will take effect upon the Governor's approval.