The "Eliminate Criminal Profiteering Act" is a proposed amendment to the South Carolina Code of Laws, which aims to prevent individuals engaged in wrongful conduct from pursuing legal actions or collecting damages related to their wrongful actions. The bill introduces Chapter 83 to Title 15, defining terms such as "negligent security," "wrongful conduct," and "unauthorized alien." It stipulates that individuals who participate in wrongful conduct cannot bring negligence claims or seek damages for incidents arising from such conduct. Additionally, it places the burden of proof on defendants to demonstrate that a plaintiff engaged in wrongful conduct.
The bill also outlines specific provisions regarding negligent security claims, stating that property owners owe no duty to protect invitees from wrongful acts unless they have prior knowledge of similar wrongful conduct on their premises. It further clarifies that unauthorized aliens cannot recover general damages or wages in negligence cases related to automobile collisions unless they prove their legal status. The act emphasizes the need for apportioning fault among all parties involved in a negligent security claim and ensures that victims of crime can still seek restitution under existing laws. The act will take effect upon the Governor's approval.