BIL:3131
RTN:153
ACN:102
TYP:General Bill GB
INB:House
IND:20010109
PSP:Rodgers
SPO:Rodgers, Whipper
DDN:l:\council\bills\skb\18050som01.doc
DPB:20010620
LAD:20010607
GOV:S
DGA:20010831
SUB:Assault and battery, civil actions for to be commenced within three years; Crimes and Offenses, Courts, Torts
HST:
BodyDateAction DescriptionComLeg Involved
______
------20010918Act No. A102
------20010831Signed by Governor
------20010628Ratified R153
House20010620Concurred in Senate amendment,
enrolled for ratification
Senate20010620Read third time, returned to
House with amendment
Senate20010607Read second time, unanimous
consent for third reading on
the next Legislative Day
Senate20010607Committee amendment amended and
adopted
Senate20010509Committee report: Favorable with11 SJ
amendment
Senate20010306Introduced, read first time,11 SJ
referred to Committee
House20010301Read third time, sent to Senate
House20010228Amended, read second time
House20010222Debate adjourned
House20010220Request for debate by RepresentativeKirsh
Cooper
Cato
Law
Moody-
Lawrence
White
McGee
Perry
Davenport
Fleming
J.E. Smith
Harrison
J.H. Neal
House20010214Committee report: Favorable with25 HJ
amendment
House20010109Introduced, read first time,25 HJ
referred to Committee
House20001213Prefiled, referred to Committee25 HJ
Versions of This Bill
Revised on 20010214
Revised on 20010228
Revised on 20010509
Revised on 20010607
TXT:
(A102, R153, H3131)
AN ACT TO AMEND SECTION 153530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT OR BATTERY MUST BE COMMENCED WITHIN THREE YEARS; TO AMEND SECTION 153550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT, AN ACTION FOR BATTERY, AND AN ACTION FOR ALIENATION OF AFFECTIONS; AND TO AMEND CHAPTER 3, TITLE 15 BY ADDING SECTION 153555 SO AS TO PROVIDE A STATUTE OF LIMITATIONS FOR ACTIONS BASED ON SEXUAL ABUSE OR INCEST OF SIX YEARS FROM THE TIME A PERSON BECOMES TWENTYONE OR WITHIN THREE YEARS OF DISCOVERING THE INJURY AND THE CAUSAL RELATIONSHIP BETWEEN THE INJURY AND THE ABUSE OR INCEST AND TO PROVIDE THAT PARENTAL IMMUNITY IS NOT A DEFENSE TO THIS ACTION; AND TO PROVIDE THAT A LAWSUIT BASED ON ABUSE OR INCEST PREVIOUSLY BROUGHT AND BARRED BY THE STATUTE OF LIMITATIONS MAY BE BROUGHT WITHIN THREE YEARS OF THIS ACT’S EFFECTIVE DATE.
Be it enacted by the General Assembly of the State of South Carolina:
Increased statute of limitations for assault, battery
SECTION 1.Section 153530(5) of the 1976 Code, as last amended by Act 432 of 1988, is further amended to read:
“(5)an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 153545;”
Eliminate certain actions from twoyear statute
SECTION2.Section 153550 of the 1976 Code, as last amended by Act 391 of 1988, is further amended to read:
“Section 153550.Within two years:
(1)an action for libel, slander, or false imprisonment; and
(2)an action upon a statute for a forfeiture or penalty to the State.”
Statute of limitations for action based on sexual abuse or incest
SECTION3.The 1976 Code is amended by adding:
“Section 153555.(A)An action to recover damages for injury to a person arising out of an act of sexual abuse or incest must be commenced within six years after the person becomes twentyone years of age or within three years from the time of discovery by the person of the injury and the causal relationship between the injury and the sexual abuse or incest, whichever occurs later.
(B)Parental immunity is not a defense against claims based on sexual abuse or incest that occurred before, on, or after this section’s effective date.”
Actions filed before effective date and barred have three years after effective date to bring action
SECTION4.Notwithstanding any other provision of law, a person who before this act’s effective date filed an action to recover damages for injury arising out of sexual abuse or incest which was barred for failure to bring the action within the time required by the statute of limitations in effect at the time has three years from this act’s effective date to bring an action based on that abuse or incest subject to the limitations of Section 153555.
Time effective
SECTION5.This act takes effect upon approval by the Governor.
Ratified the 28th day of June, 2001.
Approved the 31st day of August, 2001.
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