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

176 words·~1 min read·/sd/title-23/chapter-23-3/23-3-72

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.