H*3131(Rat #0153, Act #0102 of 2001)  General Bill, By Rodgers and Whipper
 A BILL TO AMEND SECTION 15-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT
 ACTIONS FOR ASSAULT OR BATTERY MUST BE COMMENCED WITHIN THREE YEARS; AND TO
 AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE
 COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR
 ASSAULT AND AN ACTION FOR BATTERY, AND AN ACTION FOR ALIENATION OF AFFECTIONS;
 AND TO AMEND CHAPTER 3, TITLE 15 BY ADDING SECTION 15-3-555 SO AS TO PROVIDE A
 STATUTE OF LIMITATIONS FOR ACTIONS BASED ON SEXUAL ABUSE OR INCEST OF SIX
 YEARS FROM THE TIME A PERSON BECOMES TWENTY-ONE OR WITHIN THREE YEARS OF
 DISCOVERING THE INJURY AND THE CAUSAL RELATIONSHIP BETWEEN THE INJURY AND THE
 ABUSE OR INCEST AND TO PROVIDE THAT PARENTAL IMMUNITY IS NOT A DEFENSE TO THIS
 ACTION; AND TO PROVIDE THAT A LAWSUIT BASED ON ABUSE OR INCEST PREVIOUSLY
 BROUGHT AND BARRED BY THE STATUTE OF LIMITATIONS MAY BE BROUGHT WITHIN THREE
 YEARS OF THIS ACT'S EFFECTIVE DATE.-AMENDED TITLE

   12/13/00  House  Prefiled
   12/13/00  House  Referred to Committee on Judiciary
   01/09/01  House  Introduced and read first time HJ-58
   01/09/01  House  Referred to Committee on Judiciary HJ-59
   02/14/01  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   02/20/01  House  Requests for debate-Rep(s). Kirsh, Cooper, Cato,
                     Law, Moody-Lawrence, White, McGee, Perry,
                     Davenport, Fleming, JE Smith, Harrison and JH
                     Neal HJ-15
   02/22/01  House  Debate adjourned until Tuesday, February 27, 2001 HJ-32
   02/28/01  House  Amended HJ-26
   02/28/01  House  Read second time HJ-33
   02/28/01  House  Roll call Yeas-119  Nays-0 HJ-33
   03/01/01  House  Read third time and sent to Senate HJ-19
   03/06/01  Senate Introduced and read first time SJ-15
   03/06/01  Senate Referred to Committee on Judiciary SJ-15
   05/09/01  Senate Committee report: Favorable with amendment
                     Judiciary SJ-22
   06/07/01  Senate Amended SJ-204
   06/07/01  Senate Read second time SJ-204
   06/07/01  Senate Unanimous consent for third reading on next
                     legislative day SJ-206
   06/20/01  Senate Read third time and returned to House with
                     amendments SJ-7
   06/20/01  House  Concurred in Senate amendment and enrolled HJ-40
   06/28/01         Ratified R 153
   08/31/01         Signed By Governor
   08/31/01         Effective date 08/31/01
   09/17/01         Copies available
   09/17/01         Act No. 102

AN ACT TO AMEND SECTION 15-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT OR BATTERY MUST BE COMMENCED WITHIN THREE YEARS; TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT, AN ACTION FOR BATTERY, AND AN ACTION FOR ALIENATION OF AFFECTIONS; AND TO AMEND CHAPTER 3, TITLE 15 BY ADDING SECTION 15-3-555 SO AS TO PROVIDE A STATUTE OF LIMITATIONS FOR ACTIONS BASED ON SEXUAL ABUSE OR INCEST OF SIX YEARS FROM THE TIME A PERSON BECOMES TWENTY-ONE OR WITHIN THREE YEARS OF DISCOVERING THE INJURY AND THE CAUSAL RELATIONSHIP BETWEEN THE INJURY AND THE ABUSE OR INCEST AND TO PROVIDE THAT PARENTAL IMMUNITY IS NOT A DEFENSE TO THIS ACTION; AND TO PROVIDE THAT A LAWSUIT BASED ON ABUSE OR INCEST PREVIOUSLY BROUGHT AND BARRED BY THE STATUTE OF LIMITATIONS MAY BE BROUGHT WITHIN THREE YEARS OF THIS ACT'S EFFECTIVE DATE.

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

Increased statute of limitations for assault, battery

SECTION 1. Section 15-3-530(5) of the 1976 Code, as last amended by Act 432 of 1988, is further amended to read:

"(5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545;"

Eliminate certain actions from two-year statute

SECTION 2. Section 15-3-550 of the 1976 Code, as last amended by Act 391 of 1988, is further amended to read:

"Section 15-3-550. Within two years:

(1) an action for libel, slander, or false imprisonment; and

(2) an action upon a statute for a forfeiture or penalty to the State."

Statute of limitations for action based on sexual abuse or incest

SECTION 3. The 1976 Code is amended by adding:

"Section 15-3-555. (A) An action to recover damages for injury to a person arising out of an act of sexual abuse or incest must be commenced within six years after the person becomes twenty-one years of age or within three years from the time of discovery by the person of the injury and the causal relationship between the injury and the sexual abuse or incest, whichever occurs later.

(B) Parental immunity is not a defense against claims based on sexual abuse or incest that occurred before, on, or after this section's effective date."

Actions filed before effective date and barred have three years after effective date to bring action

SECTION 4. Notwithstanding any other provision of law, a person who before this act's effective date filed an action to recover damages for injury arising out of sexual abuse or incest which was barred for failure to bring the action within the time required by the statute of limitations in effect at the time has three years from this act's effective date to bring an action based on that abuse or incest subject to the limitations of Section 15-3-555.

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Ratified the 28th day of June, 2001.

Approved the 31st day of August, 2001.