reglab/housing_qa huggingface dataset:
SC Code § 17-25-530 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-530. Civil action to recover profits; limitations; action by Office of Victim Assistance to recover payments and expenses.

 (A) Notwithstanding any other provision of law or rule of civil procedure, an eligible person has the right to bring a civil action in a court of competent jurisdiction to recover money damages from an offender or the legal representative of that offender within three years of the discovery of the existence of any profits from the crime. Damages awarded in this action are recoverable only up to the value of the profits from the crime.  (B) If an action is filed under this article after the expiration of all other applicable statutes of limitation, any other eligible person must file an action for damages as a result of the crime within three years of:  (1) the actual discovery of the existence of the profits from the crime; or  (2) actual notice received from or notice published by the office of the discovery of the existence of profits, whichever is later.  (C) If profits from a crime remain after the payment of all claims made under this article, the office has the right to bring an action in a court of competent jurisdiction against an offender or the legal representative of that offender within two years of the discovery of the existence of any profits to recover payments made by the office pursuant to Article 13, Chapter 3 of Title 16 and expenses incurred by the office pursuant to Article 13, 14, or 15 of Chapter 3 of Title 16 or Section 24 of Article 1 of the South Carolina Constitution with regard to the crime or the offender in question.  HISTORY: 2000 Act No. 306, Section 4.
SC Code § 17-25-540 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-540. Notification of Office of Victim Assistance of commencement of action; duties of Office upon receipt of notification.

 (A) Upon filing an action pursuant to Section 17-25-530, the eligible person shall give notice to the office by delivering or mailing a copy of the complaint. The eligible person may, prior to filing the action, notify the office of his intent to file an action in order to allow the office to apply for other appropriate remedies which are authorized prior to the commencement of an action.  (B) The office may act on behalf of all eligible persons and may apply for any remedies available to an eligible person bringing an action under Section 17-25-530. These remedies include the right of attachment, injunction, receivership, and notice of pendency. On the motion for a particular remedy, the moving party shall state whether any other remedy has been sought in the same action against the same offender. The court may require the moving party to elect its remedy.  (C) Upon receipt of a copy of the complaint, the office shall:  (1) use certified mail, return receipt requested, to notify all other known eligible persons whose addresses are known of the alleged existence of profits from a crime;  (2) publish, at least once a year for three years from the date it is initially notified by an eligible person under this section, a legal notice in newspapers of general circulation in the county where the crime was committed and in contiguous counties advising any eligible persons of the alleged existence of profits from a crime. The office may provide additional notice in its discretion; and  (3) avoid the wasting of the assets identified in the complaint as the newly discovered profits from a crime in any manner consistent with subsection (B).  HISTORY: 2000 Act No. 306, Section 4.
SC Code § 17-25-550 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-550. Failure of offender or agent to notify Office of Victim Assistance of contract or monies; civil penalty; action to recover; disposition of proceeds.

 (A) An offender or his representative or agent who wilfully fails to submit to the office a copy of the contract described in Section 17-25-520 or who fails to pay to the office the monies or other consideration, as required by this article, is subject to a civil penalty of not less than ten thousand dollars but not more than an amount equal to three times the contract amount for each offense.  (B) If two or more individuals are subject to the penalties provided in this section, the individuals are jointly and severally liable for the payment of the penalty imposed.  (C) The office may bring an action to recover a civil penalty assessed under this section in a court of competent jurisdiction within six years after the cause of action accrues.  (D) Civil penalties imposed pursuant to this section must be paid to the office and used for the compensation of victims of crime.  HISTORY: 2000 Act No. 306, Section 4.
SC Code § 17-25-560 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-560. Obligation to report knowledge of profit from crime.

 All state agencies, solicitors, and law enforcement agencies with knowledge of profit from a crime which an offender has obtained or generated shall report this information to the office promptly.  HISTORY: 2000 Act No. 306, Section 4.
SC Code § 17-25-570 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-570. Action by offender to defeat purpose of article null and void.

 Any action taken by an offender, whether by execution of a power of attorney, creation of corporate entities, or otherwise, to defeat the purpose of this article is null and void as against the public policy of this State.  HISTORY: 2000 Act No. 306, Section 4.
SC Code § 17-27-10 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-10. Short title.

 This chapter may be cited as the Uniform Post-Conviction Procedure Act.  HISTORY: 1962 Code Section 17-612; 1969 (56) 158.
SC Code § 17-27-20 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-20. Persons who may institute proceeding; exclusiveness of remedy.

 (A) Any person who has been convicted of, or sentenced for, a crime and who claims:  (1) That the conviction or the sentence was in violation of the Constitution of the United States or the Constitution or laws of this State;  (2) That the court was without jurisdiction to impose sentence;  (3) That the sentence exceeds the maximum authorized by law;  (4) That there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice;  (5) That his sentence has expired, his probation, parole or conditional release unlawfully revoked, or he is otherwise unlawfully held in custody or other restraint; or  (6) That the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding or remedy; may institute, without paying a filing fee, a proceeding under this chapter to secure relief. Provided, however, that this section shall not be construed to permit collateral attack on the ground that the evidence was insufficient to support a conviction.  (B) This remedy is not a substitute for nor does it affect any remedy incident to the proceedings in the trial court, or of direct review of the sentence or conviction. Except as otherwise provided in this chapter, it comprehends and takes the place of all other common law, statutory or other remedies heretofore available for challenging the validity of the conviction or sentence. It shall be used exclusively in place of them.  HISTORY: 1962 Code Section 17-601; 1969 (56) 158.  Code Commissioner's Note  A scrivener's error in (A) was made in 1970, when the 1969 Uniform Post-Conviction Relief Procedure Act was first published as part of the Code. A line break was inadvertently omitted preceding "may institute...a proceeding" and thus that text was combined with the rest of (A)(6). See Brown v. State, 423 S.C. 56, 814 S.E.2d 146 (2018).
SC Code § 17-27-30 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-30. Jurisdiction of court.

 The court in which, by the Constitution and statutes of this State, original jurisdiction in habeas corpus is vested, may entertain in accordance with its rules a proceeding under this chapter in the exercise of its original jurisdiction and in that event this chapter, to the extent applicable, governs the proceeding.  HISTORY: 1962 Code Section 17-602; 1969 (56) 158.
SC Code § 17-27-40 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-40. Commencement of proceedings by filing of application.

 A proceeding is commenced by filing an application verified by the applicant with the clerk of the court in which the conviction took place. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct. The clerk shall docket the application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the solicitor of the circuit in which the applicant was convicted and a copy to the Attorney General.  HISTORY: 1962 Code Section 17-603; 1969 (56) 158.
SC Code § 17-27-45 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-45. Filing procedures for post-conviction relief applications.

 (A) An application for relief filed pursuant to this chapter must be filed within one year after the entry of a judgment of conviction or within one year after the sending of the remittitur to the lower court from an appeal or the filing of the final decision upon an appeal, whichever is later.  (B) When a court whose decisions are binding upon the Supreme Court of this State or the Supreme Court of this State holds that the Constitution of the United States or the Constitution of South Carolina, or both, impose upon state criminal proceedings a substantive standard not previously recognized or a right not in existence at the time of the state court trial, and if the standard or right is intended to be applied retroactively, an application under this chapter may be filed not later than one year after the date on which the standard or right was determined to exist.  (C) If the applicant contends that there is evidence of material facts not previously presented and heard that requires vacation of the conviction or sentence, the application must be filed under this chapter within one year after the date of actual discovery of the facts by the applicant or after the date when the facts could have been ascertained by the exercise of reasonable diligence.  HISTORY: 1995 Act No. 7, Part II, Section 40.
SC Code § 17-27-50 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-50. Form and contents of application.

 The application shall identify the proceedings in which the applicant was convicted, give the date of the entry of the judgment and sentence complained of, specifically set forth the grounds upon which the application is based, and clearly state the relief desired. Facts within the personal knowledge of the applicant shall be set forth separately from other allegations of facts and shall be verified as provided in Section 17-27-40. Affidavits, records or other evidence supporting its allegations shall be attached to the application or the application shall recite why they are not attached. The application shall identify all previous proceedings, together with the grounds therein asserted, taken by the applicant to secure relief from his conviction or sentence. Argument, citations and discussion of authorities are unnecessary. The application shall be made on such form as prescribed by the Supreme Court.  HISTORY: 1962 Code Section 17-604; 1969 (56) 158.
SC Code § 17-27-60 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-60. Court costs and expenses for indigents.

 If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing and legal services, these costs and expenses shall be made available to the applicant in the trial court, and on review, in amounts and to the extent funds are made available to indigent defendants by the General Assembly.  HISTORY: 1962 Code Section 17-605; 1969 (56) 158.
SC Code § 17-27-70 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-70. Court procedure on receipt of application.

 (a) Within thirty days after the docketing of the application, or within any further time the court may fix, the State shall respond by answer or by motion which may be supported by affidavits. At any time prior to entry of judgment the court may, when appropriate, issue orders for amendment of the application or any pleading or motion, for pleading over, for filing further pleadings or motions, or for extending the time of the filing of any pleading. In considering the application, the court shall take account of substance, regardless of defects of form. If the application is not accompanied by the record of the proceedings challenged therein, the respondent shall file with its answer the record or portions thereof that are material to the questions raised in the application.  (b) When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its intention to dismiss the application and its reasons for so doing. The applicant shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed or grant leave to file an amended application or direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if there exists a material issue of fact.  (c) The court may grant a motion by either party for summary disposition of the application when it appears from the pleadings, depositions and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.  HISTORY: 1962 Code Section 17-606; 1969 (56) 158.
SC Code § 17-27-80 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-80. Hearing on application; final judgment.

 The application shall be heard in, and before any judge of, a court of competent jurisdiction in the county in which the conviction took place. A record of the proceedings shall be made and preserved. All rules and statutes applicable in civil proceedings are available to the parties. The court may receive proof by affidavits, depositions, oral testimony or other evidence and may order the applicant brought before it for hearing. If the court finds in favor of the applicant, it shall enter an appropriate order with respect to the conviction or sentence in the former proceedings, and any supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence or other matters that may be necessary and proper. The court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented. This order is a final judgment.  HISTORY: 1962 Code Section 17-607; 1969 (56) 158.
SC Code § 17-27-90 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-90. Grounds for relief.

 All grounds for relief available to an applicant under this chapter must be raised in his original, supplemental or amended application. Any ground finally adjudicated or not so raised, or knowingly, voluntarily and intelligently waived in the proceeding that resulted in the conviction or sentence or in any other proceeding the applicant has taken to secure relief, may not be the basis for a subsequent application, unless the court finds a ground for relief asserted which for sufficient reason was not asserted or was inadequately raised in the original, supplemental or amended application.  HISTORY: 1962 Code Section 17-608; 1969 (56) 158.
SC Code § 17-27-100 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-100. Appeals.

 A final judgment entered under this chapter may be reviewed by a writ of certiorari as provided by the South Carolina Appellate Court Rules.  HISTORY: 1962 Code Section 17-609; 1969 (56) 158; 1999 Act No. 55, Section 24.
SC Code § 17-27-110 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-110. Rules.

 The Supreme Court may adopt such rules as it shall deem necessary to effectuate the purposes of this chapter.  HISTORY: 1962 Code Section 17-611; 1969 (56) 158.
SC Code § 17-27-120 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-120. Construction.

 This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.  HISTORY: 1962 Code Section 17-610; 1969 (56) 158.
SC Code § 17-27-130 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-130. Waiver of attorney-client privilege by allegation of ineffective prior counsel; access to files.

 Where a defendant alleges ineffective assistance of prior trial counsel or appellate counsel as a ground for post-conviction relief or collateral relief under any procedure, the applicant shall be deemed to have waived the attorney-client privilege with respect to both oral and written communications between counsel and the defendant, and between retained or appointed experts and the defendant, to the extent necessary for prior counsel to respond to the allegation. This waiver of the attorney-client privilege shall be deemed automatic upon the filing of the allegation alleging ineffective assistance of prior counsel and the court need not enter an order waiving the privilege. Thereafter, counsel alleged to have been ineffective is free to discuss and disclose any aspect of the representation with representatives of the State for purposes of defending against the allegations of ineffectiveness, to the extent necessary for prior counsel to respond to the allegation.  In the case of a defendant who has been convicted of a capital offense and sentenced to death, the defendant's prior trial counsel or appellate counsel shall make available to the capital defendant's collateral counsel the complete files of the defendant's trial or appellate counsel. The capital defendant's collateral counsel may inspect and photocopy the files, but the defendant's prior trial or appellate counsel shall maintain custody of their respective files, except as to the material which is admitted into evidence in any trial proceeding.  HISTORY: 1996 Act No. 448, Section 4.  Editor's Note  1996 Act No. 448, Section 1, eff June 18, 1996, provides as follows:  "SECTION 1. This act [consisting of Sections 16-3-21, 17-25-380, 17-27-130, 17-27-150, and 17-27-160] is known and may be cited as the 'South Carolina Effective Death Penalty Act of 1996'."
SC Code § 17-27-150 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 27 - Uniform Post-conviction Procedure Act|Section 17-27-150. Discovery in post-conviction relief proceeding.

 (A) A party in a noncapital post-conviction relief proceeding shall be entitled to invoke the processes of discovery available under the South Carolina Rules of Civil Procedure if, and to the extent that, the judge in the exercise of his discretion and for good cause shown grants leave to do so, but not otherwise. If necessary for the effective utilization of discovery procedures, counsel may be appointed by the judge for an applicant who qualifies for appointment pursuant to Section 17-27-60 or similar applicable provisions of law.  (B) A party in a capital post-conviction relief proceeding shall be entitled to invoke the processes of discovery available under the South Carolina Rules of Civil Procedure.  HISTORY: 1996 Act No. 448, Section 5.  Editor's Note  1996 Act No. 448, Section 1, eff June 18, 1996, provides as follows:  "SECTION 1. This act [consisting of Sections 16-3-21, 17-25-380, 17-27-130, 17-27-150, and 17-27-160] is known and may be cited as the 'South Carolina Effective Death Penalty Act of 1996'."
SC Code § 17-28-10 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 28 - Post-conviction Dna Testing And Preservation Of Evidence|Section 17-28-10. Citation of Article.

 This article may be cited as the "Access to Justice Post-Conviction DNA Testing Act".  HISTORY: 2008 Act No. 413, Section 1, eff January 1, 2009.
SC Code § 17-28-20 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 28 - Post-conviction Dna Testing And Preservation Of Evidence|Section 17-28-20. Definitions.

 For purposes of this article:  (1) "Biological material" means any blood, tissue, hair, saliva, bone, or semen from which DNA marker groupings may be obtained. This includes material catalogued separately on slides, swabs, or test tubes or present on other evidence including, but not limited to, clothing, ligatures, bedding, other household material, drinking cups, or cigarettes.  (2) "Custodian of evidence" means an agency or political subdivision of the State including, but not limited to, a law enforcement agency, a solicitor's office, the Attorney General's Office, a county clerk of court, or a state grand jury that possesses and is responsible for the control of evidence during a criminal investigation or proceeding, or a person ordered by a court to take custody of evidence during a criminal investigation or proceeding.  (3) "DNA" means deoxyribonucleic acid.  (4) "DNA profile" means the results of any testing performed on a DNA sample.  (5) "DNA record" means the tissue or saliva samples and the results of the testing performed on the samples.  (6) "DNA sample" means the tissue, saliva, blood, or any other bodily fluid taken at the time of arrest from which identifiable information can be obtained.  (7) "Incarceration" means serving a term of confinement in the custody of the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice and does not include a person on probation, parole, or under a community supervision program.  (8) "Law enforcement agency" means a lawfully established federal, state, or local public agency that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, game, immigration, postal, customs, or controlled substances laws.  (9) "Physical evidence" means an object, thing, or substance that is or is about to be produced or used or has been produced or used in a criminal proceeding related to an offense enumerated in Section 17-28-30, and that is in the possession of a custodian of evidence.  HISTORY: 2008 Act No. 413, Section 1, eff January 1, 2009.