H 3181 Session 113 (1999-2000) H 3181 General Bill, By Klauber and Knotts A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-27-125 SO AS TO PROVIDE THAT A PRISONER SHALL NOT INITIATE A CIVIL ACTION OR APPEAL A JUDGMENT UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 24-27-160 SO AS TO PROVIDE THAT A COMPLAINT FILED BY A PRISONER MUST CONTAIN HIS INMATE NUMBER; BY ADDING SECTION 24-27-131 SO AS TO PROVIDE THAT A COURT MAY DISMISS CERTAIN CIVIL ACTIONS AGAINST A WITNESS OR VICTIM WHEN A PRISONER FAILS TO PAY CERTAIN FILING FEES AND COURT COSTS; TO AMEND SECTION 24-27-200, RELATING TO FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO REVISE THE TYPE OF CASES IN WHICH A PRISONER SHALL FORFEIT ALL OR PART OF HIS WORK, EDUCATION, OR GOOD CONDUCT CREDITS; AND TO AMEND SECTION 24-27-300, RELATING TO HOLDING A PRISONER IN CONTEMPT OF COURT, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PRISONER MAY BE HELD IN CONTEMPT OF COURT AND TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND THE INSURANCE RESERVE FUND SHALL MAINTAIN A DATA BASE OF PRISONERS WHO FILE CIVIL ACTIONS. 01/06/99 House Prefiled 01/06/99 House Referred to Committee on Judiciary 01/12/99 House Introduced and read first time HJ-69 01/12/99 House Referred to Committee on Judiciary HJ-69 01/27/99 House Committee report: Favorable with amendment Judiciary HJ-6 02/02/99 House Amended HJ-20 02/02/99 House Debate adjourned until Thursday, February 4, 1999 HJ-21 02/04/99 House Debate adjourned until Tuesday, February 9, 1999 HJ-29 02/09/99 House Requests for debate-Rep(s). F. Smith, W. McLeod, Scott, Neal, Jennings, Gourdine, Lloyd, Pinckney, Mack, Clyburn, M. Hines, McGee, Woodrum, Stuart, Hawkins, Knotts, Inabinett, Whipper, Breeland, R. Smith, Parks & J. Brown HJ-14 02/10/99 House Amended HJ-24 02/10/99 House Read second time HJ-26 02/10/99 House Roll call Yeas-72 Nays-36 HJ-26 02/11/99 House Read third time and sent to Senate HJ-15 02/16/99 Senate Introduced and read first time SJ-7 02/16/99 Senate Referred to Committee on Corrections and Penology SJ-7 05/11/99 Senate Polled out of committee Corrections and Penology SJ-37 05/11/99 Senate Committee report: without recommendation Corrections and Penology SJ-37 VERSIONS OF THIS BILL
January 27, 1999 February 2, 1999 February 10, 1999 February 11, 1999 May 11, 1999 Indicates New Matter POLLED OUT OF COMMITTEE MAJORITY FAVORABLE May 11, 1999 H. 3181
S. Printed 5/11/99--S. Read the first time February 16, 1999.
To whom was referred a Bill (H. 3181), to amend the Code of Laws of South Carolina, 1976, by adding Section 24-27-125 so as to provide that a prisoner shall not initiate a civil action, etc., respectfully
Has polled the Bill out majority favorable.
A BILLTO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-27-125 SO AS TO PROVIDE THAT A PRISONER SHALL NOT INITIATE A CIVIL ACTION OR APPEAL A JUDGMENT UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 24-27-160 SO AS TO PROVIDE THAT A COMPLAINT FILED BY A PRISONER MUST CONTAIN HIS INMATE NUMBER; BY ADDING SECTION 24-27-131 SO AS TO PROVIDE THAT A COURT MAY DISMISS CERTAIN CIVIL ACTIONS AGAINST A WITNESS OR VICTIM WHEN A PRISONER FAILS TO PAY CERTAIN FILING FEES AND COURT COSTS; TO AMEND SECTION 24-27-200, RELATING TO FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO REVISE THE TYPE OF CASES IN WHICH A PRISONER SHALL FORFEIT ALL OR PART OF HIS WORK, EDUCATION, OR GOOD CONDUCT CREDITS; AND TO AMEND SECTION 24-27-300, RELATING TO HOLDING A PRISONER IN CONTEMPT OF COURT, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PRISONER MAY BE HELD IN CONTEMPT OF COURT AND TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND THE INSURANCE RESERVE FUND SHALL MAINTAIN A DATA BASE OF PRISONERS WHO FILE CIVIL ACTIONS. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. The 1976 Code is amended by adding: "Section 24-27-160. Before a complaint on behalf of a prisoner is filed with a clerk of court, the complaint must contain the plaintiff's inmate number assigned by the Department of Corrections, or a number by which an inmate detained at another facility is identified." SECTION 2. The 1976 Code is amended by adding: "Section 24-27-131. The court may dismiss without prejudice a civil action against a victim or witness in connection with a crime a prisoner has been convicted of, whether or not he is incarcerated for the crime, when brought by a prisoner who has failed previously to pay filing fees and court costs imposed pursuant to this chapter, except as otherwise provided for in Section 24-27-150 or 24-27-400." SECTION 3. Section 24-27-200 of the 1976 Code, as added by Act 455 of 1996, is amended to read:
"Section 24-27-200. (A) A prisoner shall forfeit all or part of his earned work, education, or good conduct credits in an amount to be determined by the Department of Corrections upon recommendation of the court if the court finds that the prisoner has done any of the following in a case pertaining to his incarceration, (1) submitted a malicious or frivolous claim, or one that is intended solely to harass the party filed against; (2) testified falsely or otherwise presented false evidence or information to the court; (3) unreasonably expanded or delayed a proceeding; or (4) abused the discovery process. (B) The court may make such findings on its own motion, on motion of counsel for the defendant, or on motion of the Attorney General, who is authorized to appear in the proceeding, if he elects, in order to move for the findings in a case in which the State or any public entity or official is a defendant." SECTION 4. Section 24-27-300 of the 1976 Code, as added by Act 455 of 1996, is amended to read:
"Section 24-27-300. The court may hold a prisoner in contempt of court if it finds that the prisoner has, on three or more prior occasions, while incarcerated, brought in a court of this State a civil action or appeal pertaining to his incarceration, SECTION 5. All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. Except as otherwise provided, the provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act. SECTION 6. This act takes effect upon approval by the Governor.
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