H 4474 Session 110 (1993-1994)
H 4474 General Bill, By J.J. Snow, Law and Riser
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
15-37-25 so as to provide that attorneys ' fees and costs shall be taxed
against a nonprevailing party bringing a civil action seeking damages for
injuries he sustained during the commission of a crime for which he was
convicted or to which he pled guilty or nolo contendere and to provide that
any person referred to above who has not paid such attorneys ' fees and costs
is prohibited from bringing any further actions in the courts of this State
arising out of that incident or occurrence.
01/12/94 House Introduced and read first time HJ-15
01/12/94 House Referred to Committee on Judiciary HJ-16
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 15-37-25 SO AS TO PROVIDE THAT
ATTORNEYS ' FEES AND COSTS SHALL BE TAXED AGAINST A
NONPREVAILING PARTY BRINGING A CIVIL ACTION SEEKING
DAMAGES FOR INJURIES HE SUSTAINED DURING THE
COMMISSION OF A CRIME FOR WHICH HE WAS CONVICTED
OR TO WHICH HE PLED GUILTY OR NOLO CONTENDRE AND
TO PROVIDE THAT ANY PERSON REFERRED TO ABOVE WHO
HAS NOT PAID SUCH ATTORNEYS ' FEES AND COSTS IS
PROHIBITED FROM BRINGING ANY FURTHER ACTIONS IN
THE COURTS OF THIS STATE ARISING OUT OF THAT
INCIDENT OR OCCURRENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 15-37-25. (A) Any person bringing a civil action
seeking damages for injuries he sustained during the commission of a
crime for which he was convicted or to which he pled guilty or nolo
contendre must pay the attorneys ' fees and costs of the prevailing party
in an amount determined by the court if he is the nonprevailing party.
(B) Any person against whom attorneys' fees and costs have been
taxed pursuant to subsection (A) who has not paid such fees and costs
is prohibited from bringing any further actions in the courts of this State
arising out of that incident or occurrence."
SECTION 2. This act takes effect upon approval by the Governor.
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