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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-27-65 SO AS TO PROVIDE THAT A PERSON WHO TAKES PART IN THE PROCUREMENT, INITIATION, CONTINUATION, OR DEFENSE OF ANY SECOND OR SUBSEQUENT POST-CONVICTION RELIEF PROCEEDING MAY BE ASSESSED FOR PAYMENT OF ALL OR A PORTION OF THE ATTORNEY'S FEES AND COURT COSTS OF THE OTHER PARTY UNDER CERTAIN CIRCUMSTANCES, TO DEFINE THE TERM "PERSON", AND TO PROVIDE PENALTIES FOR FILING A NON-MERITORIOUS SECOND OR SUBSEQUENT POST-CONVICTION RELIEF APPLICATION; BY ADDING SECTION 17-27-68 SO AS TO PROVIDE THAT A PRISONER IS RESPONSIBLE FOR PAYING CERTAIN FEES ASSOCIATED WITH FILING A SECOND OR SUBSEQUENT ACTION FOR POST-CONVICTION RELIEF FROM MONIES MAINTAINED IN HIS PRISONER TRUST ACCOUNT; TO AMEND SECTION 17-27-50, RELATING TO THE FORM AND CONTENTS OF AN APPLICATION FOR POST-CONVICTION RELIEF, SO AS TO PROVIDE THAT THE APPLICATION MUST DETERMINE WHETHER THE APPLICANT PREVIOUSLY HAS FILED AN APPLICATION FOR POST-CONVICTION RELIEF OR A PETITION FOR HABEAS CORPUS RELATING TO HIS PRESENT INCARCERATION, REQUIRE THE APPLICANT TO ATTACH A COPY OF HIS INMATE TRUST ACCOUNT BALANCE SHEET UNDER CERTAIN CIRCUMSTANCES, AND MUST CONTAIN A PROVISION THAT STATES THAT A NONMERITORIOUS FUTURE APPLICATION FOR POST-CONVICTION RELIEF MAY RESULT IN THE INMATE'S LOSS OF WORK CREDITS, EDUCATION CREDITS, GOOD TIME CREDITS, AND INMATE TRUST FUNDS; AND TO AMEND SECTION 17-27-20, RELATING TO POST-CONVICTION RELIEF FILINGS, SO AS TO PROVIDE THAT A FEE IS NOT REQUIRED FOR AN INITIAL FILING FOR POST-CONVICTION RELIEF.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 27, Title 17 of the 1976 Code is amended by adding:
"Section 17-27-65. Notwithstanding another provision of law, if a prisoner brings a second or subsequent action for post-conviction relief, 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 months' 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 the monies maintained in the prisoner's trust account for payment of filing fees and shall forward quarterly the monies collected 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 unless the prisoner does not have a trust account."
SECTION 2. Chapter 27, Title 17 of the 1976 Code is amended by adding:
"Section 17-27-68. (A) A person who takes part in the procurement, initiation, continuation, or defense of any second or subsequent post-conviction relief proceeding may be assessed for payment of all or a portion of the attorney's fees and court costs of the other party if:
(1) he does so primarily for a purpose other than that of securing the proper discovery, joinder of parties, or adjudication of the claim upon which the proceedings are based; and
(2) the proceedings have terminated in favor of the person seeking an assessment of the fees and costs.
(B) As used in this section, 'person' means any individual, corporation, company, association, firm, partnership, society, joint stock company, and any other entity, including any governmental entity or unincorporated association of persons.
(C) In addition to the penalties contained in subsection (A), a person who files a nonmeritorious second or subsequent post-conviction relief application is subject to the loss of inmate trust funds and having his application dismissed."
SECTION 3. Section 17-27-50 of the 1976 Code is amended to read:
"Section 17-27-50. The application shall identify the proceedings in which the applicant was convicted, give the date of the entry of the judgment and sentence complained of, specifically set forth the grounds upon which the application is based, and clearly state the relief desired, and determine whether the applicant previously has filed an application for post-conviction relief or a petition for habeas corpus relating to his present incarceration. If the applicant previously has filed an application or a petition for habeas corpus concerning his present incarceration, the applicant must attach a copy of his inmate trust account balance sheet. Facts within the personal knowledge of the applicant shall be set forth separately from other allegations of facts and shall be verified as provided in Section 17-27-40. Affidavits, records or other evidence supporting its allegations shall be attached to the application or the application shall recite why they are not attached. The application shall identify all previous proceedings, together with the grounds therein asserted, taken by the applicant to secure relief from his conviction or sentence. Argument, citations and discussion of authorities are unnecessary. The application shall be made on such a form as prescribed by the Supreme Court. The application must contain a provision that states that a nonmeritorious future application for post-conviction relief may result in the inmate's loss of work credits, education credits, good time credits, and inmate trust funds."
SECTION 4. Section 17-27-20(a)(6) of the 1976 Code is amended to read:
"(6) That the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory, or other writ, motion, petition, proceeding, or remedy; may institute, without paying a filing fee for the initial filing pursuant to this item, a proceeding under this chapter to secure relief. Provided, however, that this section shall not be construed to permit collateral attack on the ground that the evidence was insufficient to support a conviction."
SECTION 5. This act takes effect upon approval by the Governor.
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