2003-2004 Bill 774: Wrongful Death Cases, Distribution of Proceeds, Minors - South Carolina

South Carolina General Assembly

115th Session, 2003-2004

S. 774

STATUS INFORMATION

General Bill

Sponsors: Senators McConnell, Martin and Giese

Document Path: l:\s-jud\bills\mcconnell\jud0106.gfm.doc

Introduced in the Senate on January 13, 2004

Introduced in the House on April 13, 2004

Last Amended on April 6, 2004

Currently residing in the House Committee on Judiciary

Summary: Wrongful death cases, distribution of proceeds, minors

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

12/9/2003SenatePrefiled

12/9/2003SenateReferred to Committee on Judiciary

1/13/2004SenateIntroduced and read first time SJ18

1/13/2004SenateReferred to Committee on JudiciarySJ18

3/25/2004SenateCommittee report: Favorable JudiciarySJ5

3/29/2004Scrivener's error corrected

4/6/2004SenateAmended SJ15

4/6/2004SenateRead second time SJ15

4/6/2004SenateOrdered to third reading with notice of amendments SJ15

4/7/2004SenateRead third time and sent to House SJ24

4/13/2004HouseIntroduced and read first time HJ13

4/13/2004HouseReferred to Committee on JudiciaryHJ13

VERSIONS OF THIS BILL

12/9/2003

3/25/2004

3/29/2004

4/6/2004

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 6, 2004

S.774

Introduced by Senators McConnell, Martin and Giese

S. Printed 4/06/04--S.

Read the first time January 13, 2004.

[774-1]

A BILL

TO AMEND SECTION 155140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHOM DAMAGES ARE PAYABLE IN WRONGFUL DEATH CASES, SO AS TO CLARIFY A CODE CITATION AND TO PROVIDE THAT A PARENT’S SHARE OF THE PROCEEDS MAY BE DENIED OR LIMITED WHEN THE PARENT DID NOT PAY CHILD SUPPORT OR DID NOT OTHERWISE PROVIDE FOR THE NEEDS OF THE DECEDENT DURING HIS OR HER MINORITY.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.Section 155140 of the 1976 Code is amended to read:

“Section 155140.In every such action, the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice, as they may think proportionedthe jury finds proportionate to the injury resulting from the death to the parties respectively for whom and for whose benefit suchthe action shall beis brought. The amount so recovered shallmust be divided among the beforementioned parties in those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his or her the decedent’s estate. However, upon motion by either parent or any other party of potential interest based upon the decedent having died intestate, the probate court may deny or limit either or both parent’s entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent as defined inpursuant to Section 20740 and20790 or did not otherwise provide for the needs of the decedent during his or her minority. A conviction under Section 20790 is not required before the court may deny or limit a share of the proceeds to a nonsupporting parent under this section.”

SECTION2.This act takes effect upon approval by the Governor and applies to causes of action for wrongful death arising or accruing on and after the effective date.

[774]1