Download This Bill in Microsoft Word format

Bill 287

                    Current Status

Bill Number:                      287
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990112
Primary Sponsor:                  Holland
All Sponsors:                     Holland
Drafted Document Number:          l:\s-jud\bills\holland\jud0006.dhh.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Criminal domestic violence, disclosure of 
                                  information during criminal proceedings; 
                                  Domestic Relations, Courts


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990218  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  19990217  Read third time, sent to House
Senate  19990216  Read second time
Senate  19990210  Committee report: Favorable            11 SJ
Senate  19990112  Introduced, read first time,           11 SJ
                  referred to Committee
Senate  19981216  Prefiled, referred to Committee        11 SJ


                             Versions of This Bill
Revised on February 10, 1999 - Word format

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 10, 1999

S. 287

S. Printed 2/10/99--S.

Read the first time January 12, 1999.

To whom was referred a Bill (S. 287), to amend Section 19-11-30, Code of Laws of South Carolina, 1976, relating to the competency of a husband or wife of party as a witness, etc., respectfully

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

DONALD H. HOLLAND, for Committee.

TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE OF PARTY AS A WITNESS, SO AS TO PROVIDE THAT 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 CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE.

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

SECTION 1. Section 19-11-30 of the 1976 Code is 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 criminal domestic violence, criminal domestic violence of a high and aggravated nature, 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."

SECTION 2. This act takes effect upon approval by the Governor.

This web page was last updated on Wednesday, December 9, 2009 at 9:05 A.M.