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H*4347
Session 116 (2005-2006)


H*4347(Rat #0289, Act #0269 of 2006)  General Bill, By Limehouse, Harrell, 
Bailey, Battle, Brady, Vaughn, Cobb-Hunter, Kirsh, Ballentine, Clyburn, Young, 
Mahaffey, Hinson, Vick, J. Brown, Ceips, Herbkersman, Simrill, Bales, 
M.A. Pitts, J.E. Smith, Hagood, Whipper and Neilson
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 20-7-97 SO AS TO PROVIDE THAT A WOMAN MAY BREASTFEED HER CHILD IN ANY LOCATION
 WHERE THE MOTHER AND CHILD ARE AUTHORIZED TO BE AND TO PROVIDE THAT SUCH
 BREASTFEEDING IS NOT INDECENT EXPOSURE; AND TO AMEND SECTION 16-15-130,
 RELATING TO THE OFFENSE OF INDECENT EXPOSURE, SO AS TO PROVIDE THAT THIS
 OFFENSE DOES NOT APPLY TO A WOMAN WHO BREASTFEEDS HER CHILD IN A PLACE WHERE
 SHE AND THE CHILD ARE AUTHORIZED TO BE. - ratified title

   12/07/05  House  Prefiled
   12/07/05  House  Referred to Committee on Judiciary
   01/10/06  House  Introduced and read first time HJ-39
   01/10/06  House  Referred to Committee on Judiciary HJ-40
   01/10/06  House  Member(s) request name added as sponsor: J.Brown
   01/18/06  House  Member(s) request name added as sponsor: Ceips,
                     Herbkersman
   01/24/06  House  Member(s) request name added as sponsor: Simrill
   01/26/06  House  Member(s) request name added as sponsor: Bales
   01/31/06  House  Member(s) request name added as sponsor:
                     M.A.Pitts, J.E.Smith
   02/02/06  House  Member(s) request name added as sponsor: Hagood,
                     Whipper
   02/09/06  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   02/14/06  House  Member(s) request name added as sponsor: Neilson
   02/14/06  House  Amended HJ-39
   02/14/06  House  Read second time HJ-40
   02/15/06  House  Read third time and sent to Senate HJ-14
   02/16/06  Senate Introduced and read first time SJ-14
   02/16/06  Senate Referred to Committee on Judiciary SJ-14
   02/16/06  Senate Referred to Subcommittee: Ritchie (ch), Rankin,
                     Lourie, Scott
   03/29/06  Senate Committee report: Favorable with amendment
                     Judiciary SJ-16
   04/04/06  Senate Amended SJ-55
   04/04/06  Senate Read second time SJ-55
   04/05/06  Senate Read third time and returned to House with
                     amendments SJ-26
   04/20/06  House  Debate adjourned until Tuesday, April 25, 2006 HJ-66
   04/25/06  House  Concurred in Senate amendment and enrolled HJ-145
   04/27/06         Ratified R 289
   05/02/06         Signed By Governor
   05/04/06         Copies available
   05/04/06         Effective date 05/02/06
   05/09/06         Act No. 269



H. 4347

(A269, R289, H4347)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-97 SO AS TO PROVIDE THAT A WOMAN MAY BREASTFEED HER CHILD IN ANY LOCATION WHERE THE MOTHER AND CHILD ARE AUTHORIZED TO BE AND TO PROVIDE THAT SUCH BREASTFEEDING IS NOT INDECENT EXPOSURE; AND TO AMEND SECTION 16-15-130, RELATING TO THE OFFENSE OF INDECENT EXPOSURE, SO AS TO PROVIDE THAT THIS OFFENSE DOES NOT APPLY TO A WOMAN WHO BREASTFEEDS HER CHILD IN A PLACE WHERE SHE AND THE CHILD ARE AUTHORIZED TO BE.

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

Breastfeeding permitted

SECTION    1.    Subarticle 1, Article 3, Chapter 7 of Title 20 of the 1976 Code is amended by adding:

"Section 20-7-97.    (A)    A woman may breastfeed her child in any location where the mother and her child are authorized to be.

(B)    Breastfeeding a child in a location where the mother is authorized to be is not considered indecent exposure."

Breastfeeding in public is not indecent exposure

SECTION    2.    Section 16-15-130 of the 1976 Code is amended to read:

"Section 16-15-130.    (A)(1)    It is unlawful for a person to wilfully, maliciously, and indecently expose his person in a public place, on property of others, or to the view of any person on a street or highway.

(2)    This subsection does not apply to a woman who breastfeeds her own child in a public place, on property of others, to the view of any person on a street or highway, or any other place where a woman and her child are authorized to be.

(B)    A person who violates the provisions of subsection (A)(1) is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 27th day of April, 2006.

Approved the 2nd day of May, 2006.

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