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Indicates Matter Stricken
Indicates New Matter
Sponsors: Rep. Rutherford
Document Path: l:\council\bills\nbd\11036cz19.docx
Introduced in the House on January 8, 2019
Introduced in the Senate on March 5, 2019
Last Amended on February 28, 2019
Currently residing in the Senate Committee on Labor, Commerce and Industry
Summary: Private investigation businesses
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/18/2018 House Prefiled 12/18/2018 House Referred to Committee on Judiciary 1/8/2019 House Introduced and read first time (House Journal-page 137) 1/8/2019 House Referred to Committee on Judiciary (House Journal-page 137) 2/27/2019 House Committee report: Favorable with amendment Judiciary (House Journal-page 44) 2/28/2019 Scrivener's error corrected 2/28/2019 House Amended (House Journal-page 19) 2/28/2019 House Read second time (House Journal-page 19) 2/28/2019 House Roll call Yeas-98 Nays-0 (House Journal-page 20) 2/28/2019 House Unanimous consent for third reading on next legislative day (House Journal-page 22) 3/1/2019 House Read third time and sent to Senate (House Journal-page 1) 3/5/2019 Senate Introduced and read first time (Senate Journal-page 11) 3/5/2019 Senate Referred to Committee on Labor, Commerce and Industry (Senate Journal-page 11)
View the latest legislative information at the website
VERSIONS OF THIS BILL
February 28, 2019
S. Printed 2/28/19--H.
Read the first time January 8, 2019.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-18-75 SO AS TO PROHIBIT A PRIVATE INVESTIGATION BUSINESS FROM KNOWINGLY REPRESENTING MULTIPLE PARTIES WITH OPPOSING INTERESTS IN CIVIL OR CRIMINAL MATTERS AND TO PROVIDE PENALTIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 18, Title 40 of the 1976 Code is amended by adding:
"Section 40-18-75. (A) No private investigator or any member of the private investigator's private investigation business shall reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by subsection (B).
(B) A private investigator may reveal information relating to the representation of a client to the extent the private investigator reasonably believes necessary to:
(1) prevent the client from committing a criminal act;
(2) prevent reasonably certain death or substantial bodily harm;
(3) secure legal advice about the private investigator's compliance with applicable laws and regulations;
(4) establish a claim or defense on behalf of the private investigator in a controversy between the private investigator and the client or to establish a defense to a criminal charge or civil claim against the private investigator based upon conduct in which the client was involved, or to respond to allegations in a proceeding concerning the private investigator's representation of the client; or
(5) comply with a law or court order.
(C) It is unlawful for a private investigator or any member of the private investigator's private investigation business to:
(1) knowingly represent a person whose interests are materially adverse to that of the private investigator's current or former client unless the current or former client, as applicable, gives informed consent;
(2) use information relating to the representation to the disadvantage of a current or former client except as specifically permitted by this section or when the information has become generally known; or
(3) reveal information in violation of this section.
(D) In addition to other penalties for a violation of the provisions of this chapter, a person who violates the provisions of this section must reimburse any and all current and former clients for any and all payments made to the private investigator or private investigation business for a representation that violates this section. "
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on March 6, 2019 at 9:02 AM