summary
Introduced
02/05/2025
02/05/2025
In Committee
05/06/2025
05/06/2025
Crossed Over
05/06/2025
05/06/2025
Passed
Dead
Introduced Session
126th General Assembly
Bill Summary
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.
AI Summary
This bill proposes three key changes to South Carolina law that enhance the Attorney General's legal powers and protections. First, it clarifies that when the Attorney General brings legal actions on behalf of the state, they are acting in the public interest and are not representing specific government departments or agencies. The bill specifies that while these departments are not parties to such actions, they must cooperate by producing documents if subpoenaed, with the Attorney General helping to facilitate that process. Second, the bill grants the Attorney General the ability to seek "disgorgement" in legal actions, which typically means requiring a defendant to give up profits or gains obtained through illegal activities. Third, the bill establishes a legal privilege for materials prepared or shared during law enforcement investigations, meaning such documents cannot be easily disclosed and this protection continues even after an investigation concludes, whether it ends in litigation or settlement. The bill would take effect immediately upon the Governor's approval, and it aims to provide more clarity and flexibility for the Attorney General when pursuing legal actions in the state's interest.
Committee Categories
Justice
Sponsors (1)
Last Action
Referred to Committee on Judiciary (on 05/06/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=0316&session=126&summary=B |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/316_20250501.htm |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/316_20250422.htm |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/316_20250416.htm |
| Fiscal Note - S0316 2025-02-05 Introduced | https://www.scstatehouse.gov/sess126_2025-2026/fiscalimpactstatements/S0316%202025-02-05%20introduced.pdf |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/316_20250205.htm |
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