South Carolina H 3269: Private investigators

Bill Text

2025-2026 Bill 3269 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3269

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
40-18-75 SO AS TO PROHIBIT A PRIVATE INVESTIGATION BUSINESS FROM DISCLOSING 
CERTAIN INFORMATION AND KNOWINGLY REPRESENTING MULTIPLE PARTIES WITH OPPOSING INTERESTS 
IN CIVIL OR CRIMINAL MATTERS AND TO PROVIDE PENALTIES.

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

SECTION 1. Chapter 18, Title 40 of the S.C. Code is amended by 
adding:

 Section 
40-18-75. (A) No private investigator 
or any member of his private investigation business may reveal information 
relating to the representation of a client unless the:

 (1) 
client gives informed consent;

 (2) 
disclosure is impliedly authorized in order to carry out the representation; or

 (3) 
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.

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This web page was last updated on December 06, 2024 at 11:06 AM