Current Status Bill Number:
950Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19960109Primary Sponsor: ThomasAll Sponsors: Thomas, Wilson, Giese, Alexander, Hayes, Lander, McConnell, Ryberg, O'Dell, Holland, Rose, Courson, Gregory, Setzler, LeathermanDrafted Document Number: GJK\22107SD.96Companion Bill Number: 4371Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Inmate litigation
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19960109 Introduced, read first time, 11 SJ referred to Committee Senate 19951107 Prefiled, referred to Committee 11 SJView additional legislative information at the LPITS web site.
TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 24 of the 1976 Code is amended by adding:
Section 24-27-100. Notwithstanding any other provision of law permitting the filing of civil actions without the payment of filing fees by indigent persons, if a prisoner brings a civil action or proceeding, the court, upon the filing of the action, shall order the prisoner to pay as a partial payment of any filing fees required by law a first-time payment of twenty percent of the preceding six month's income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income for this account. The department shall withdraw monies maintained in this account for payment of the filing fees and shall forward the monies collected at such times as the monies exceed ten dollars to the appropriate court clerk or clerks, until the filing fees are paid in full.
The prisoner must file a certified copy of his trust account with the court that reflects the prisoner's balance at the time the complaint is filed.
Section 24-27-110. Notwithstanding any other provision of law permitting the filing of civil actions without the payment of court costs by indigent persons, if a prisoner brings a civil action, the prisoner is responsible for the full payment of the court costs. For this purpose, the court shall order the prisoner to pay a partial first-time payment of twenty percent of the preceding six month's average monthly income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income of this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of court costs and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the court costs are paid in full.
Section 24-27-120. Nothing in this chapter prevents a prisoner from authorizing payments beyond those required herein.
Section 24-27-130. The court may dismiss any civil action brought by a prisoner who has previously failed to pay filing fees and court costs imposed under this chapter.
Section 24-27-140. For purposes of this chapter, a prisoner is defined as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing.
Section 24-27-200. A prisoner shall forfeit all or part of his earned work, education, or good-time credits in an amount to be determined by the court if the court finds that the prisoner has done any of the following in a case filed by him in state or federal court or in an administrative proceeding:
(1) submitted a malicious claim, or one that is intended solely to harass the party filed against;
(2) testifies falsely or otherwise presents false evidence or information to the court;
(3) unreasonably expands or delays a proceeding; or
(4) abuses the discovery process.
The court may make such findings on its own motion, on motion of counsel for the defendants, 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 a public official is the defendant.
Section 24-27-210. If the court does not make such findings in the original action brought by the prisoner, the Attorney General is authorized to initiate a separate proceeding in the court of common pleas for the revocation of work, education, or good-time credits as set forth in Section 24-27-200.
Section 24-27-300. A prisoner may not bring a civil action or appeal a judgment in a civil action or proceeding under this chapter if the inmate has, on three or more prior occasions, brought an action or appeal in a court of this State that was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim upon which relief may have been granted, unless the prisoner is under imminent danger of serious bodily harm."
SECTION 2. This act takes effect upon approval by the Governor.