South Carolina H 4255: Civil Litigation Reform

Bill Text

2025-2026 Bill 4255 Text of Previous Version (Mar. 27, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4255

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 
1-7-95 SO AS TO PROVIDE GUIDELINES FOR ENFORCEMENT ACTIONS BROUGHT BY THE 
ATTORNEY GENERAL 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 CERTAIN MATERIALS PREPARED OR DRAFTED BY 
OR FOR THE ATTORNEY GENERAL FOR LAW ENFORCEMENT PURPOSES.

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

SECTION 1. Article 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.

 (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. Article 1, 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. Article 1, 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.

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This web page was last updated on March 27, 2025 at 11:16 AM