H 4503 Session 109 (1991-1992)
H 4503 General Bill, By S.S. Wofford, J.J. Bailey, D.M. Beasley, H. Brown,
D.M. Bruce, H.H. Clyborne, Cobb-Hunter, R.S. Corning, B. Council, R.C. Fulmer,
H.M. Hallman, Harrison, T.E. Huff, K.G. Kempe, Koon, Lanford, Littlejohn,
M. McLeod, Meacham, J. Rama, Riser, Sharpe, J.S. Shissias, R. Smith, J.J. Snow,
C.H. Stone, Vaughn, C.C. Wells and Young-Brickell
A Bill to amend Section 19-11-30, Code of Laws of South Carolina, 1976,
relating to the competency of a husband or wife to testify as to
communications with one another, so as to include in the exceptions requiring
disclosure of communications, those proceedings involving child abuse or
neglect and the death of a child.
03/04/92 House Introduced and read first time HJ-22
03/04/92 House Referred to Committee on Judiciary HJ-22
A BILL
TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE COMPETENCY OF A
HUSBAND OR WIFE TO TESTIFY AS TO COMMUNICATIONS
WITH ONE ANOTHER, SO AS TO INCLUDE IN THE EXCEPTIONS
REQUIRING DISCLOSURE OF COMMUNICATIONS, THOSE
PROCEEDINGS INVOLVING CHILD ABUSE OR NEGLECT AND
THE DEATH OF A CHILD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The second paragraph of Section 19-11-30 of the 1976
Code is amended to read:
"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 child abuse or neglect, the death
of a child, criminal sexual conduct involving a minor, or
the commission or attempting to commit a lewd act upon a minor."
SECTION 2. This act takes effect upon approval by the Governor.
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