Bill 3927

                    Current Status

Introducing Body:               House
Bill Number:                    3927
Primary Sponsor:                J. Bailey
Committee Number:               11
Type of Legislation:            GB
Subject:                        Sexual abuse or incest,
                                statute of limitations
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       436/11251AC.93
Introduced Date:                19930413
Last History Body:              Senate
Last History Date:              19930525
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   J. Bailey
                                Waites
Type of Legislation:            General Bill

Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3927  Senate  19930525      Introduced, read first time,    11
                            referred to Committee
3927  House   19930520      Read third time, sent to
                            Senate
3927  House   19930519      Read second time
3927  House   19930505      Committee Report: Favorable     25
3927  House   19930413      Introduced, read first time,    25
                            referred to Committee

COMMITTEE REPORT

May 5, 1993

H. 3927

S. Printed 5/5/93--H.

Read the first time April 13, 1993.

To whom was referred a Bill (H. 3927), to amend the Code of Laws of South Carolina, 1976, by adding Section 15-3-555 so as to provide a statute of limitations for actions based on sexual abuse or incest of ten years from the time a person becomes eighteen, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

JAMES H. HODGES, for Committee.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-555 SO AS TO PROVIDE A STATUTE OF LIMITATIONS FOR ACTIONS BASED ON SEXUAL ABUSE OR INCEST OF TEN YEARS FROM THE TIME A PERSON BECOMES EIGHTEEN OR WITHIN FOUR YEARS OF DISCOVERING THE INJURY AND THE CAUSAL RELATIONSHIP BETWEEN THE INJURY AND THE ABUSE OR INCEST; TO PROVIDE THAT PARENTAL IMMUNITY IS NOT A DEFENSE; TO PROVIDE THAT A LAW SUIT BASED ON ABUSE OR INCEST PREVIOUSLY BROUGHT AND BARRED BY THE STATUTE OF LIMITATIONS MAY BE BROUGHT WITHIN FOUR YEARS OF THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE SEVERABILITY PROVISIONS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 15-3-555. (A) An action to recover damages for injury to the person arising out of an act of sexual abuse or incest must be commenced within ten years after the person becomes eighteen years of age or within four 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."

SECTION 2. 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 four years from this act's effective date to bring an action based on that abuse or incest.

SECTION 3. If any provision of this act or its application to any person is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable.

SECTION 4. This act takes effect upon approval by the Governor.