Bill > H4255

This bill introduces three key changes to South Carolina law that expand the powers and protections of the Attorney General. First, it clarifies that when the Attorney General brings or defends an action on behalf of the state, they are acting in the public interest and are not the legal representative of any specific government department or agency, which means those departments' documents are not automatically considered in the Attorney General's possession. Second, the bill grants the Attorney General the ability to seek "disgorgement" as a remedy in certain legal actions, which typically means requiring a party to give up profits or gains obtained through illegal or unethical means. Third, the bill establishes a privilege for materials prepared or shared with the Attorney General during law enforcement investigations, ensuring that these documents remain confidential even after an investigation concludes, whether through litigation or settlement. The bill will take effect immediately upon the Governor's approval, and it aims to provide more flexibility and protection for the Attorney General when pursuing legal actions in the state's interest.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=4255&session=126&summary=B