Current Status Bill Number:17 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:Courson All Sponsors:Courson and Giese Drafted Document Number:res1202.jec Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Prisoner Litigation Reform Act of 1997, harassment, civil action brought by; Prisons and Prisoners, Torts
Body Date Action Description Com Leg Involved
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Senate 19970114 Introduced, read first time, 11 SJ
referred to Committee
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TO ENACT THE "PRISONER LITIGATION REFORM ACT OF 1997"; TO AMEND CHAPTER 36, TITLE 15 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT, BY ADDING SECTION 15-36-50, SO AS TO AUTHORIZE A COURT TO ORDER THE REVOCATION OF GOOD CONDUCT CREDIT EARNED UNDER SECTION 24-13-210 IF THE COURT FINDS THAT A CIVIL ACTION BROUGHT BY A PRISONER WAS EITHER MALICIOUS OR WAS BROUGHT FOR THE PURPOSE OF HARASSMENT, OR IF THE PRISONER PRESENTED FALSE EVIDENCE IN THE ACTION; AND BY AMENDING SECTION 24-23-210, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR, SO AS TO AUTHORIZE REVOCATION OF GOOD CONDUCT CREDITS IN THE MANNER PROVIDED IN SECTION 15-36-50.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act shall be cited as the "Prison Litigation Reform Act of 1997."
SECTION 2. Chapter 36, Title 15 of the 1976 Code is amended by adding:
"Section 15-36-50. In any civil action brought by a person convicted of a crime and confined in a state or local correctional facility, the court may order the revocation of such earned good conduct credit under Section 24-13-210 if, on its own motion or the motion of any party, the court finds that:
(1) the claim was filed for a malicious purpose;
(2) the claim was filed solely to harass the party against which it was filed; or
(3) the claimant testifies falsely or otherwise knowingly presents false evidence or information to the court."
SECTION 3. Section 24-13-210 (D) of the 1976 Code is amended to read:
"(D) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection. Good conduct credit may also be revoked in the manner provided in Section 15-36-50."
SECTION 4. This act takes effect upon approval by the Governor.