Current Status Introducing Body:House Bill Number:3933 Primary Sponsor:Fair Committee Number:27 Type of Legislation:GB Subject:Marriage license applicants, HIV testing Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Computer Document Number:DKA/4545AL.93 Introduced Date:19930413 Last History Body:House Last History Date:19930413 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Fair Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3933 House 19930413 Introduced, read first time, 27
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-225 SO AS TO REQUIRE MARRIAGE LICENSE APPLICANTS TO PRESENT CERTIFICATES STATING THEY HAVE BEEN GIVEN A STANDARD SEROLOGIC TEST FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND PROVIDE REQUIREMENTS FOR THE CERTIFICATES AND PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-1-225. (A) A person who applies for a marriage license shall present to the judge of the probate court a certificate signed by a physician licensed pursuant to Chapter 47 of Title 40 or licensed in a state or United States territory to practice medicine and surgery which states that the applicant has been given a standard serologic test for Human Immunodeficiency Virus (HIV) that causes Acquired Immunodeficiency Syndrome (AIDS) and signed by the person the applicant desires to marry as witnessed by the physician. The test must be made within thirty days before the application for a license.
(B) The certificate of the physician must be on a form provided and distributed by the Department of Health and Environmental Control or by the state health departments of other states having laws requiring a blood test before marriage.
(C) The certificates must be filed by the judge of the probate court. A judge of the probate court who issues a marriage license to a person who fails to present a certificate as required by this section and an applicant for a marriage license or a physician who knowingly and wilfully makes a false statement in a certificate is guilty of a misdemeanor triable in magistrate's court. Upon conviction, the person must be fined not more than two hundred dollars or imprisoned not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor.