H 4659 General Bill, By Hosey, Breeland, G. Brown, Clyburn and Jefferson
 A BILL TO AMEND SECTION 16-3-1565, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO CAUSES OF ACTION AGAINST PUBLIC EMPLOYEES OR AGENCIES FOR FAILURE
 TO PROPERLY NOTIFY VICTIMS, SO AS TO CREATE A FINE WHEN FAILURE TO NOTIFY A
 VICTIM IS WILFUL AND INTENTIONAL.

   02/06/08  House  Introduced and read first time HJ-32
   02/06/08  House  Referred to Committee on Judiciary HJ-32

TO AMEND SECTION 16-3-1565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAUSES OF ACTION AGAINST PUBLIC EMPLOYEES OR AGENCIES FOR FAILURE TO PROPERLY NOTIFY VICTIMS, SO AS TO CREATE A FINE WHEN FAILURE TO NOTIFY A VICTIM IS WILFUL AND INTENTIONAL.

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

SECTION    1.        Section 16-3-1565 of the 1976 Code is amended to read:

"Section 16-3-1565.    (A)    Except as provided in subsection (B), nothing in this article creates a cause of action on behalf of a person against a public employee, public agency, the State, or an agency responsible for the enforcement of rights and provision of services set forthas provided in this article.,

(B)    A sentence must not be invalidated because of failure to comply with the provisions of this article.

(C)    Thisand this article mustmay not be construed to create a cause of action for monetary damages.

(B)    A public employee, public agency, the State, or an agency responsible for the enforcement of rights and provision of services provided in this article is subject to a fine of not more than one hundred dollars for failure to notify a victim of crime as required by the provisions of this article if the failure to provide notice is wilful and intentional.

(C)    A person's sentence may not be invalidated due to a failure to comply with the provisions of this article."

SECTION    2.    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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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    3.    This act takes effect upon approval by the Governor.