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COMMITTEE REPORT
January 27, 1999
H. 3181
S. Printed 1/27/99--H.
Read the first time January 12, 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 or appeal a judgement, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking section 1, as contained on page 1, in its entirety.
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON, for Committee.
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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-27-125. A prisoner shall not initiate a civil action or appeal a judgment in a civil action if he has on at least three prior occasions while incarcerated or detained in a facility, initiated an action or appeal in either state or federal court that was dismissed on the ground that it was frivolous, malicious, or failed to state a cause of action, unless he is facing imminent danger of serious physical injury."
SECTION 2. 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 3. 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 4. 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, or apprehension, or in a case against a victim or witness in connection with a crime the prisoner has been convicted of, whether or not he is incarcerated for that crime, 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.
(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 5. 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 a crime the prisoner has been convicted of, whether or not be is incarcerated for that crime, that was dismissed prior to before 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 must 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. The Department of Corrections and the Insurance Reserve Fund shall maintain a coordinated data base of all prisoners who file civil actions in order to identify prisoners who file multiple lawsuits. The data base shall include both state and federal lawsuits, and shall include the disposition of each action and the reasons for the disposition. Each clerk of court shall maintain a list of all lawsuits filed by prisoners at both county and state correctional facilities. At the end of each calendar year, each clerk of court shall forward his list to the Department of Corrections and the Insurance Reserve Fund. Both agencies shall include this information in the database. Whenever it appears that a prisoner has violated a provision of this section, the Department of Corrections or the Insurance Reserve Fund shall notify the appropriate clerk of court and the Attorney General of the violation."
SECTION 6. 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 7. This act takes effect upon approval by the Governor.
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