H*3632(Rat #0158, Act #0104 of 1995)  General Bill, By Jennings, B.H. Harwell, 
Klauber, Knotts and J.S. Shissias
 A Bill to conform certain provisions of law to the new South Carolina Rules of
 Evidence which take effect September 3, 1995, by amending Section 15-75-10,
 Code of Laws of South Carolina, 1976, relating to the imputation to a female
 of a want of chastity so as to delete references to the Rules of Evidence at
 Common Law; by amending Section 19-11-30, as amended, relating to the
 competency of spouses as witnesses in legal proceedings, so as to further
 provide for when there is a spousal privilege; by amending Section 19-11-50,
 relating to the testimony of a defendant in criminal cases, so as to further
 provide for the manner in which the testimony of a dependent in a criminal
 case may be used; by amending Section 19-21-50, relating to proof of lost
 papers so as to delete references to the proof of lost papers according to the
 Rules of Evidence existing at common law; by amending Section 24-21-990, as
 amended, relating to the restoration of a person's civil rights upon a pardon,
 so as to further provide for his right to testify without having having his
 conviction introduced for impeachment purposes; and by repealing Sections
 19-1-40, 19-1-50, 19-5-410, 19-11-10, 19-11-25, 19-11-40, 19-11-60, and
 19-11-70 relating to various provisions of law in regard to evidentiary
 matters in legal proceedings.-amended title

   02/16/95  House  Introduced and read first time HJ-22
   02/16/95  House  Referred to Committee on Judiciary HJ-23
   04/12/95  House  Committee report: Favorable Judiciary HJ-6
   04/20/95  House  Amended HJ-17
   04/20/95  House  Read second time HJ-18
   04/20/95  House  Unanimous consent for third reading on next
                     legislative day HJ-18
   04/21/95  House  Read third time and sent to Senate HJ-1
   04/25/95  Senate Introduced and read first time SJ-12
   04/25/95  Senate Referred to Committee on Judiciary SJ-12
   05/10/95  Senate Committee report: Favorable Judiciary SJ-13
   05/11/95  Senate Read second time SJ-32
   05/11/95  Senate Ordered to third reading with notice of
                     amendments SJ-32
   05/25/95  Senate Read third time and enrolled SJ-44
   06/06/95         Ratified R 158
   06/07/95         Signed By Governor
   06/07/95         Effective date 09/03/95
   08/11/95         Copies available
   08/11/95         Act No. 104

AN ACT TO CONFORM CERTAIN PROVISIONS OF LAW TO THE NEW SOUTH CAROLINA RULES OF EVIDENCE WHICH TAKE EFFECT SEPTEMBER 3, 1995, BY AMENDING SECTION 15-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPUTATION TO A FEMALE OF A WANT OF CHASTITY SO AS TO DELETE REFERENCES TO THE RULES OF EVIDENCE AT COMMON LAW; BY AMENDING SECTION 19-11-30, AS AMENDED, RELATING TO THE COMPETENCY OF SPOUSES AS WITNESSES IN LEGAL PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR WHEN THERE IS A SPOUSAL PRIVILEGE; BY AMENDING SECTION 19-11-50, RELATING TO THE TESTIMONY OF A DEFENDANT IN CRIMINAL CASES, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE TESTIMONY OF A DEPENDENT IN A CRIMINAL CASE MAY BE USED; BY AMENDING SECTION 19-21-50, RELATING TO PROOF OF LOST PAPERS SO AS TO DELETE REFERENCES TO THE PROOF OF LOST PAPERS ACCORDING TO THE RULES OF EVIDENCE EXISTING AT COMMON LAW; BY AMENDING SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF A PERSON'S CIVIL RIGHTS UPON A PARDON, SO AS TO FURTHER PROVIDE FOR HIS RIGHT TO TESTIFY WITHOUT HAVING HIS CONVICTION INTRODUCED FOR IMPEACHMENT PURPOSES; AND BY REPEALING SECTIONS 19-1-40, 19-1-50, 19-5-410, 19-11-10, 19-11-25, 19-11-40, 19-11-60, AND 19-11-70 RELATING TO VARIOUS PROVISIONS OF LAW IN REGARD TO EVIDENTIARY MATTERS IN LEGAL PROCEEDINGS.

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

South Carolina Rules of Evidence

SECTION 1. (A) Pursuant to Article V, Section 4 of the Constitution of this State, the Supreme Court has promulgated the South Carolina Rules of Evidence governing evidentiary matters in the courts of this State to be effective September 3, 1995. Pursuant to Article V, Section 4A of the Constitution and pursuant to Section 14-3-950 of the 1976 Code, the South Carolina Rules of Evidence were submitted by the Supreme Court to the respective Judiciary Committees of each House in January, 1995, and shall take effect as specified in such rules ninety days after submission unless disapproved by concurrent resolution of the General Assembly, with the concurrence of three-fifths of the members of each House present and voting.

(B) The General Assembly has determined that various provisions of law in conflict with the South Carolina Rules of Evidence should be conformed or repealed, and it is the intent of the General Assembly in this act to so conform or repeal these conflicting provisions of law.

Reference to common law deleted

SECTION 2. Section 15-75-10 of the 1976 Code is amended to read:

"Section 15-75-10. If any person shall utter and publish, either by writing or verbally, any words of and concerning any female imputing to her a want of chastity, the person so uttering and publishing such words shall be liable for damages in a civil action brought by the female of whom the words may be uttered and published, without proving any special damage, subject, nevertheless, to the rules of evidence."

Spousal privileges

SECTION 3. Section 19-11-30 of the 1976 Code, as last amended by Act 412 of 1992, is further amended to read:

"Section 19-11-30. In any trial or inquiry in any suit, action, or proceeding in any court or before any person having, by law or consent of the parties, authority to examine witnesses or hear evidence, no husband or wife may be required to disclose any confidential or, in a criminal proceeding, any communication made by one to the other during their marriage.

Notwithstanding the above provisions, a husband or wife is required to disclose any communication, confidential or otherwise, made by one to the other during their marriage where the suit, action, or proceeding concerns or is based on child abuse or neglect, the death of a child, criminal sexual conduct involving a minor, or the commission or attempt to commit a lewd act upon a minor."

Use of criminal defendant's testimony

SECTION 4. Section 19-11-50 of the 1976 Code is amended to read:

"Section 19-11-50. The testimony of a defendant in a criminal case shall not be afterwards used against the defendant in any other criminal case, except upon an indictment for perjury founded on that testimony."

Reference to common law deleted

SECTION 5. Section 19-21-50 of the 1976 Code is amended to read:

"Section 19-21-50. Nothing herein contained shall prevent anyone from establishing on the trial of any cause any lost papers, according to the rules of evidence."

Reference to Rules of Evidence

SECTION 6. Section 24-21-990(5) of the 1976 Code is amended to read:

"(5) testify without having the fact of his conviction introduced for impeachment purposes to the extent provided by Rule 609(c) of the South Carolina Rules of Evidence;"

Repeal

SECTION 7. Sections 19-1-40, 19-1-50, 19-5-410, 19-11-10, 19-11-25, 19-11-40, 19-11-60, and 19-11-70 of the 1976 Code are repealed.

Conflict

SECTION 8. In event of a conflict between any provision of the South Carolina Rules of Evidence and any other statutory provisions of law relating to evidentiary matters not amended or repealed in this act, the provision of the rules shall control. However, neither the promulgation of the rules nor this act may be construed to affect the substantive legal rights of any party to any litigation or proceeding in the courts of this State but shall affect only evidentiary matters in such proceedings.

Time effective

SECTION 9. This act takes effect on September 3, 1995.

Approved the 7th day of June, 1995.