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Current Status Bill Number:View additional legislative information at the LPITS web site.211 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Thomas All Sponsors:Thomas, Wilson Drafted Document Number:l:\council\bills\gjk\20074sd99.doc Residing Body:Senate Current Committee:Corrections and Penology Committee 03 SCP Subject:Prisoners, civil actions; frivolous litigation against victim, loss of work credits, contempt of court; Torts, Prisons History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990112 Introduced, read first time, 03 SCP referred to Committee Senate 19981216 Prefiled, referred to Committee 03 SCP Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-27-131 SO AS TO PROVIDE THAT A COURT MAY DISMISS WITHOUT PREJUDICE ANY CIVIL ACTION AGAINST A VICTIM OR WITNESS IN CONNECTION WITH A CRIME BROUGHT BY A PRISONER WHO HAS PREVIOUSLY FAILED TO PAY CERTAIN FILING FEES AND COURT COSTS; TO AMEND SECTION 24-27-200, RELATING TO THE LOSS OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS BY A PRISONER WHO HAS ENGAGED IN FRIVOLOUS LITIGATION, SO AS TO ALSO PROVIDE FOR THE LOSS OF THESE CREDITS FOR FRIVOLOUS LITIGATION AGAINST VICTIMS AND WITNESSES; AND TO AMEND SECTION 24-27-300, RELATING TO THE AUTHORITY OF A COURT TO HOLD A PRISONER IN CONTEMPT IF HE HAS BEEN INVOLVED IN FRIVOLOUS LITIGATION, SO AS TO ALSO AUTHORIZE A COURT TO HOLD A PRISONER IN CONTEMPT FOR FRIVOLOUS LITIGATION AGAINST A VICTIM OR WITNESS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-27-131. The court may dismiss without prejudice any civil action against a victim or witness in connection with any crime a prisoner has been convicted of, whether he is presently incarcerated for that crime or not, when brought by a prisoner who has previously failed to pay filing fees and court costs imposed under this chapter, except as otherwise provided in Section 24-27-150 or 24-27-400."
SECTION 2. Section 24-27-200 of the 1976 Code, as added by Act 455 of 1996, is amended to read:
"Section 24-27-200. 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 or apprehension or in a case against a victim or witness in connection with any crime the prisoner has been convicted of, whether he is presently incarcerated for that crime or not, filed by him in state or federal court or in an administrative proceeding while incarcerated:
(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.
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 3. 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 or apprehension or filed a civil action or appeal against a victim or witness in connection with any crime the prisoner has been convicted of, whether he is presently incarcerated for that crime or not, that was dismissed prior to a hearing on the merits on the grounds that the action or appeal was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of great bodily injury, as defined by Section 56-5-2945, at the time of the filing of the present action or appeal, the prisoner shall not be held in contempt. The court may sentence the prisoner to a term of imprisonment not exceeding one year for this contempt to be served consecutively to any terms of imprisonment previously imposed."
SECTION 4. This act takes effect upon approval by the Governor.
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