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Indicates Matter Stricken
Indicates New Matter
H. 3246
STATUS INFORMATION
General Bill
Sponsors: Reps. G.M. Smith and Cotty
Document Path: l:\council\bills\swb\5079cm07.doc
Introduced in the House on January 16, 2007
Currently residing in the House Committee on Judiciary
Summary: Prisoner's civil actions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/16/2007 House Introduced and read first time HJ-6 1/16/2007 House Referred to Committee on Judiciary HJ-6 1/24/2007 House Member(s) request name added as sponsor: Cotty
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-27-135 SO AS TO PROVIDE THAT A COURT MAY DISMISS WITH PREJUDICE A CIVIL ACTION PERTAINING TO A PRISONER'S INCARCERATION OR APPREHENSION AS FRIVOLOUS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THE COURT'S ORDER OF DISMISSAL MUST CONTAIN A FINDING THAT THE ACTION WAS FRIVOLOUS; AND TO AMEND SECTION 24-27-300, RELATING TO THE OFFENSE OF CONTEMPT OF COURT, SO AS TO DELETE THE SENTENCE THAT A PERSON MAY RECEIVE WHEN HELD IN CONTEMPT OF COURT, AND TO LIMIT THE NUMBER OF CIVIL ACTIONS A PRISONER MAY FILE WHICH RELATES TO HIS INCARCERATION OR APPREHENSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 27, Title 24 of the 1976 Code is amended by adding:
"Section 24-27-135. (A) The court may dismiss with prejudice a civil action pertaining to a prisoner's incarceration or apprehension as frivolous if the complaint makes allegations that are unsupported by the alleged facts, the alleged facts are either plainly untrue or incapable of being established through investigation, or no remedy at law exists for the alleged complaint.
(B) The court must issue the dismissal with a specific finding that the action was frivolous in a written order."
SECTION 2. 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 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 shall prohibit the prisoner from filing additional civil actions related to his incarceration or apprehension. However, an additional civil action may be filed if, upon review by a circuit court judge, the court determines that the action is meritorious."
SECTION 3. This act takes effect upon approval by the Governor.
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