South Carolina 2025-2026 Regular Session Status: In Committee

H 4255 — Civil Litigation Reform

Last action — Referred to Committee on Judiciary

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced March 27, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Prognosis

Stalled 14% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

What changed in the latest version

47 added · 1 removed

Plain-language change summary

The recent amendment to Bill H 4255 introduces new sections to clarify the role of the Attorney General in enforcement actions. Specifically, it establishes that when the Attorney General acts in the state's name, they do so in the public interest and are not representing individual state departments or agencies. This ensures a clearer separation between the Attorney General's functions and the various branches of state government, emphasizing their focus on the public good. Additionally, the amendment grants the Attorney General the authority to seek remedies like disgorgement in legal cases, strengthening their ability to address wrongdoing effectively.

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2025-2026 Bill 4255 Text of Previous Version (Mar.
27, 2025) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 4255Indicates Matter StrickenIndicates 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.
----XX---- This web page was last updated on March 27, 2025 at 11:16 AM
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Action History

  1. Referred to Committee on Judiciary

  2. Introduced and read first time

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 169 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (169)

169 members have not signed on to this bill.

Show all 169 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does H 4255 do?
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.
Who sponsors H 4255?
H 4255 is sponsored by Representative Cody T. Mitchell.
What is the current status of H 4255?
This bill is in committee in the House. Introduced March 27, 2025. It must pass committee before a floor vote.
Where can I track H 4255?
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