Current Status Bill Number:4051 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Govan, All Sponsors:Govan, S. Whipper and Byrd Drafted Document Number:bbm\10077cm.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Illegal drug market, civil liability and actions
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950412 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-595 SO AS TO PROVIDE DEFINITIONS, TO PROVIDE CIVIL LIABILITY FOR AND THE RECOVERY OF DAMAGES FROM A PERSON WHO PARTICIPATES IN THE ILLEGAL DRUG MARKET WITHIN THE STATE, TO PROVIDE A STATUTE OF LIMITATIONS FOR THE FILING OF A CIVIL ACTION, TO PROVIDE FOR THE REPRESENTATION OF A GOVERNMENTAL ENTITY IN A CIVIL ACTION FILED PURSUANT TO THIS SECTION, AND TO AUTHORIZE A STAY OF AN ACTION UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-53-595. (A) For the purposes of this section:
(1) `Illegal drug' means a drug whose distribution is a violation of state law;
(2) `Illegal drug market' means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user;
(3) `Individual drug user' means the individual whose illegal drug use is the basis of an action brought under this section;
(4) `Participate in the illegal drug market' means to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of an illegal drug. `Participate in the illegal drug market' does not include the purchase or receipt of an illegal drug for personal use only; AND
(5) `Person' means an individual, a governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by this State, another state, or a foreign country.
(B) A person who knowingly participates in the illegal drug market within this State is liable for civil damages pursuant to this section for injury resulting from his use of an illegal drug.
(C) A law enforcement officer, agency of the State, or a person acting at the direction of a law enforcement officer or agency of the State is not liable for participating in the illegal drug market, if his participation is in furtherance of an official investigation.
(D) The following persons may bring an action for damages caused by the use of an illegal drug by an individual:
(1) a parent, legal guardian, child, spouse, or sibling of the individual drug user;
(2) an individual who was exposed to an illegal drug in utero;
(3) an employer of the individual drug user; and
(4) a medical facility, insurer, governmental entity, employer, or another entity that funds a drug treatment program or employee assistance program for the individual drug user.
(E) A person entitled to bring an action pursuant to subsection (D) may seek damages from the following individuals:
(1) the individual drug user;
(2) a person who knowingly distributed, or knowingly participated in the chain of distribution of an illegal drug that was used by the individual drug user;
(3) a person who knowingly participated in the illegal drug market if:
(a) the participation of the person in the illegal drug market was connected with the same type of illegal drug used by the individual user; and
(b) the person participated in the illegal drug market at a time during the illegal drug use of the individual drug user.
(F) A person entitled to bring an action under subsection (D) may recover the following damages:
(1) economic damages including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, and any other pecuniary loss proximately caused by an individual's use of an illegal drug;
(2) noneconomic damages including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal drug;
(3) reasonable attorney fees; and
(4) court costs including, but not limited to, reasonable expenses for expert testimony.
(G) An individual drug user may bring an action for damages caused by the use of an illegal drug if the individual:
(1) discloses to narcotics enforcement authorities more than six months before filing the action, all information known to the individual regarding his source of illegal drugs;
(2) has not used an illegal drug during the six months before filing the action; and
(3) continues to remain free of the use of an illegal drug throughout the pendency of the action.
(H) A person entitled to bring an action pursuant to subsection (G) may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was used by the individual drug user.
(I) A person who files an action pursuant to subsection (G) may recover only the following damages:
(1) economic damages including, but not limited to, the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, and other pecuniary loss proximately caused by the person's illegal drug use;
(2) reasonable attorney fees; and
(3) court costs including, but not limited to, reasonable expenses for expert testimony.
(J) A claim pursuant to subsections (D) or (G) shall not be filed more than two years after the cause of action arises. A cause of action arises when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm.
(K) For a plaintiff the statute of limitations pursuant to subsections (D) and (G) is tolled when the plaintiff is incapacitated by the use of an illegal drug to the extent that the individual reasonably cannot be expected to seek recovery under this section. For a defendant, the statute of limitations under this section is tolled six months after the defendant is convicted of a criminal drug offense.
(L) The Attorney General may represent the State or a political subdivision of the State in an action pursuant to this section.
(M) Upon a motion filed by a governmental agency involved in a drug investigation or prosecution, an action brought pursuant to this section must be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for the stay of the action."
SECTION 2. This act takes effect upon approval by the Governor.