S*0177(Rat #0006, Act #0004 of 2015)  General Bill, By L. Martin, Hembree and 
Campsen

Similar(H 3124)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 19-5-520 SO AS TO ALLOW FOR CERTIFICATION, INSTEAD OF REQUIRING EXTRINSIC
 EVIDENCE, OF THE AUTHENTICITY OF CERTAIN DOMESTIC AND FOREIGN BUSINESS RECORDS
 OF REGULARLY CONDUCTED ACTIVITY FOR THE RECORDS TO BE ADMISSIBLE AND TO
 REQUIRE A CRIMINAL PENALTY FOR FALSE CERTIFICATION. - ratified title

   12/10/14  Senate Prefiled
   12/10/14  Senate Referred to Committee on Judiciary
   01/13/15  Senate Introduced and read first time
   01/13/15  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 117)
   01/15/15  Senate Referred to Subcommittee: Campsen (ch), Malloy,
                     Coleman, Hembree, Young (Senate Journal-page 117)
   01/28/15  Senate Committee report: Favorable with amendment
                     Judiciary (Senate Journal-page 27)
   01/29/15  Senate Committee Amendment Adopted (Senate Journal-page 13)
   01/29/15  Senate Read second time (Senate Journal-page 13)
   01/29/15  Senate Roll call Ayes-34  Nays-0 (Senate Journal-page 13)
   02/03/15  Senate Read third time and sent to House
                     (Senate Journal-page 18)
   02/04/15  House  Introduced and read first time (House Journal-page 15)
   02/04/15  House  Referred to Committee on Judiciary
                     (House Journal-page 15)
   02/25/15  House  Committee report: Favorable Judiciary
                     (House Journal-page 3)
   03/04/15  House  Read second time (House Journal-page 13)
   03/04/15  House  Roll call Yeas-98  Nays-1 (House Journal-page 13)
   03/05/15  House  Read third time and enrolled (House Journal-page 13)
   03/25/15         Ratified R 6
   03/27/15         Signed By Governor
   04/02/15         Effective date 03/27/15
   04/09/15         Act No. 4

(A4, R6, S177)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-5-520 SO AS TO ALLOW FOR CERTIFICATION, INSTEAD OF REQUIRING EXTRINSIC EVIDENCE, OF THE AUTHENTICITY OF CERTAIN DOMESTIC AND FOREIGN BUSINESS RECORDS OF REGULARLY CONDUCTED ACTIVITY FOR THE RECORDS TO BE ADMISSIBLE AND TO REQUIRE A CRIMINAL PENALTY FOR FALSE CERTIFICATION.

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

Admissibility of certified business records

SECTION    1.    Article 9, Chapter 5, Title 19 of the 1976 Code is amended by adding:

"Section 19-5-520.    In addition to those matters provided by Rule 902, South Carolina Rules of Evidence, extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(A)    The original or a copy of a domestic record that meets the requirements of Rule 803(6), South Carolina Rules of Evidence, as shown by a certification of the custodian or another qualified person that complies with a state statute or a court rule. Before the trial or hearing, the proponent shall give an adverse party reasonable written notice of the intent to offer the record and shall make the record and certification available for inspection so that the party has a fair opportunity to challenge the record.

(B)    In a civil case, the original or a copy of a foreign record that is certified by the custodian or another qualified person and otherwise meets the requirements of subsection (A), modified as follows: the certification, rather than complying with a state statute or court rule, must be signed in a manner that, if falsely made, would subject the maker to a criminal penalty in the jurisdiction where the certification is signed. The proponent also shall meet the notice requirements of subsection (A)."

Time effective

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

Ratified the 25th day of March, 2015.

Approved the 27th day of March, 2015.