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. Under this new provision, 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 sentence of five years imprisonment. 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 that law enforcement agencies collect and maintain identifying information, including fingerprints and biometric data, of individuals arrested under this article. This information must be cross-referenced with relevant criminal databases and federal security lists. The legislation also establishes that individuals convicted under this section will not be eligible for probation or delayed sentencing, and it preempts local governments from enacting conflicting laws regarding the presence of unauthorized individuals in the state.