South Carolina S 316: Civil Litigation Reform

Bill Text

2025-2026 Bill 316 Text of Previous Version (May. 01, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 316

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

Amended

May 1, 2025

S. 316

Introduced 
by Senator Elliott 

S. Printed 5/1/25--S.

Read the first time February 5, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
1-7-95 SO AS TO PROVIDE GUIDELINES AND PROTECTIONS FOR THE ATTORNEY GENERAL 
WHEN BRINGING AN ENFORCEMENT ACTION IN THE NAME OF THE STATE; BY ADDING SECTION 
39-5-55 SO AS TO PROVIDE THE ATTORNEY GENERAL WITH THE REMEDY OF DISGORGEMENT; 
AND BY ADDING SECTION 39-5-85 SO AS TO PROVIDE PRIVILEGE TO MATERIALS PREPARED 
OR DRAFTED WHILE INVESTIGATING POTENTIAL VIOLATIONS OF THIS ARTICLE.

 Amend Title To Conform

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

SECTION 1. Chapter 7, Title 1 of the S.C. Code is amended by 
adding:

 Section 
1-7-95. (A) Notwithstanding any other 
provision of law, when the Attorney General brings or defends an action in the 
name of the State of South Carolina pursuant to any power granted by common 
law, the Constitution of this State, or any provision of law, the Attorney 
General acts in the public interest of the State of South Carolina and not as 
the legal representative or attorney of any department or agency of state 
government, including the executive, legislative, and judicial branches or any 
of the boards connected therewith. Such departments, agencies, or boards are 
not parties to these actions, and the documents or electronically stored 
information of such departments, agencies, or boards are not in the possession, 
custody, or control of the Attorney General. However, when documents in the 
possession, custody, or control of any department, agency, or board of state 
government are requested in discovery in such an action, the Attorney General 
shall identify the department, agency, or board and their counsel and facilitate 
the production of such documents from the department, agency, or board of state 
government in response to a subpoena.

 (B) This 
section does not affect the ability of the Attorney General to bring or defend 
an action in a proprietary capacity on behalf of and representing any such 
department, agency, or board.

SECTION 2. Chapter 5, Title 39 of the S.C. Code is amended by 
adding:

 Section 
39-5-55. The Attorney General may, in an action brought under this article, 
obtain the remedy of disgorgement.

SECTION 3. Chapter 5, Title 39 of the S.C. Code is amended by 
adding:

 Section 
39-5-85. Materials prepared or drafted by the Attorney General or his staff or 
shared with the Attorney General or his staff for law enforcement purposes in 
the public interest while the Attorney General or his staff are investigating 
potential violations of this article shall be considered privileged. This 
privilege survives the end of the investigation whether by litigation, 
settlement, or otherwise.

SECTION 4. This act takes effect upon approval 
by the Governor.

----XX----

This web page was last updated on May 01, 2025 at 03:36 PM