South Carolina General Assembly
113th Session, 1999-2000

Download This Version in Microsoft Word format

Bill 287

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 10, 1999

S. 287

Introduced by Senator Holland

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

Read the first time January 12, 1999.

THE COMMITTEE ON JUDICIARY

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

REPORT:

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

DONALD H. HOLLAND, for Committee.

A BILL

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.

----XX----


This web page was last updated on Friday, June 26, 2009 at 2:56 P.M.