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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 THE FILING OF A FRIVOLOUS APPLICATION FOR POST-CONVICTION RELIEF MAY RESULT IN THE INMATE'S LOSS OF GOOD TIME CREDITS EARNED IN ADDITION TO OTHER SANCTIONS THE COURT MAY IMPOSE.
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. (A) A prisoner whose application for post-conviction relief is determined by the court to be frivolous is subject to sanctions as provided in Section 15-36-10 and, in the discretion of the court, may be subject to the loss of good time credits earned as of the time that the court makes the finding that the application for post-conviction relief is frivolous.
(B) An attorney appointed by the court pursuant to the provisions of Section 17-27-60 is not subject to sanctions as provided in Section 15-36-10 relating to the filing of a frivolous claim for post-conviction relief for his client in accordance with the provisions of this chapter."
SECTION 2. This act takes effect upon approval by the Governor.
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