H 5014 General Bill, By F.N. Smith, Brantley, Anderson, Whipper, Alexander, 
Allen, R. Brown, Cobb-Hunter, Hart, Hodges, Hosey, Howard, Jefferson, Mitchell, 
Scott, Weeks and Williams
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 15-1-350 SO AS TO PROVIDE THAT A PERSON, UNDER COLOR OF LAW, WHO DEPRIVES
 ANOTHER PERSON OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES IS SUBJECT TO
 LIABILITY IN A CIVIL ACTION FOR INJURY TO THE PERSON UNDER CERTAIN
 CIRCUMSTANCES INCLUDING INCIDENTS OF POLICE MISCONDUCT AND TO PROVIDE AN
 EXCEPTION.

   04/15/08  House  Introduced and read first time HJ-17
   04/15/08  House  Referred to Committee on Judiciary HJ-17

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-350 SO AS TO PROVIDE THAT A PERSON, UNDER COLOR OF LAW, WHO DEPRIVES ANOTHER PERSON OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES IS SUBJECT TO LIABILITY IN A CIVIL ACTION FOR INJURY TO THE PERSON UNDER CERTAIN CIRCUMSTANCES INCLUDING INCIDENTS OF POLICE MISCONDUCT AND TO PROVIDE AN EXCEPTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 1, Title 15 of the 1976 Code is amended by adding:

"Section 15-1-350.    (A)    A person who, under color of law, subjects, or causes to be subjected, a person within the jurisdiction of the law to the deprivation of any rights, privileges, or immunities secured by the laws of this State may be liable in a civil action to a person injured. For the purposes of this subsection, 'injury' includes, but is not limited to, incidents of police brutality, unlawful use of force, and improper use of a law enforcement vehicle to stop a suspect.

(B)    Notwithstanding the provisions of subsection (A), in an action brought against a judicial officer for an act or omission taken in the officer's judicial capacity, injunctive relief may not be granted unless a declaratory decree is violated or declaratory relief is unavailable."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor.