Bill > H5160

This bill, titled the "Eliminate Criminal Profiteering Act," amends South Carolina law to prevent individuals engaged in wrongful conduct from benefiting from their actions by suing or collecting damages related to those actions. It defines "wrongful conduct" broadly to include violations of federal, state, or local laws punishable as a felony or misdemeanor, or intentional torts. The bill also introduces specific provisions for "negligent security" claims, stating that property owners or occupiers generally have no duty to protect individuals from third-party wrongful conduct unless they had actual knowledge of similar prior incidents within the past year, and even then, their duty is met by taking reasonable steps like contacting law enforcement or hiring security. Furthermore, it prohibits unauthorized aliens (individuals unlawfully present in the U.S.) from receiving general damages or lost wages in negligence cases arising from automobile collisions, requiring plaintiffs to prove their legal status. The bill also mandates that in negligent security cases, fault must be apportioned among the plaintiff, owner/occupier, government agencies, and any other responsible third parties, with a presumption that an apportionment is unreasonable if the fault assigned to those who engaged in wrongful conduct is less than that assigned to others. Importantly, this act does not prevent victims from recovering criminal restitution.

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https://www.scstatehouse.gov/billsearch.php?billnumbers=5160&session=126&summary=B