H 4641 General Bill, By Delleney
 A BILL TO AMEND SECTION 14-1-235, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO APPOINTMENT OF AN ATTORNEY IN A CIVIL ACTION, SO AS TO PROVIDE
 THAT A CIVIL ACTION INCLUDES AN ACTION FOR POST-CONVICTION RELIEF AND TO
 DELETE THE EXCEPTION WHEN THE APPOINTMENT IS PROVIDED FOR BY STATUTE; AND
 SECTION 17-27-60, RELATING TO COURT COSTS AND EXPENSES FOR INDIGENT
 DEFENDANTS, SO AS TO PROVIDE THAT THE SECTION MAY NOT BE CONSTRUED TO ALLOW
 THE APPOINTMENT OF AN ATTORNEY IN A CIVIL ACTION.

   01/29/04  House  Introduced and read first time HJ-5
   01/29/04  House  Referred to Committee on Judiciary HJ-6

TO AMEND SECTION 14-1-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF AN ATTORNEY IN A CIVIL ACTION, SO AS TO PROVIDE THAT A CIVIL ACTION INCLUDES AN ACTION FOR POST-CONVICTION RELIEF AND TO DELETE THE EXCEPTION WHEN THE APPOINTMENT IS PROVIDED FOR BY STATUTE; AND SECTION 17-27-60, RELATING TO COURT COSTS AND EXPENSES FOR INDIGENT DEFENDANTS, SO AS TO PROVIDE THAT THE SECTION MAY NOT BE CONSTRUED TO ALLOW THE APPOINTMENT OF AN ATTORNEY IN A CIVIL ACTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 14-1-235 of the 1976 Code, as added by Act 19 of 2003, is amended to read:

"Section 14-1-235.    A judge, court, or court official shall not appoint an attorney to represent a party in a civil action unless the authority to make the appointment is provided specifically by statute including an action for post-conviction relief except in a capital case pursuant to Section 17-27-160."

SECTION    2.    Section 17-27-60 of the 1976 Code is amended to read:

"Section 17-27-60.    (A)    If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing and legal services, these costs and expenses shall must be made available to the applicant in the trial court, and on review, in amounts and to the extent funds are made available to indigent defendants by the General Assembly.

(B)    The provisions of this section may not be construed to allow the court to appoint an attorney in a civil action except as provided by Section 14-1-235."

SECTION    3.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    4.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    5.    This act takes effect upon approval by the Governor.