South Carolina Legislature


 

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S 596
Session 110 (1993-1994)


S 0596 General Bill, By Ryberg
 A Bill to amend ArticleNext 1, Chapter 3 of Title 20, Code of Laws of South
 Carolina, 1976, relating to divorce, by adding Section 20-3-15, so as to
 provide that when the plaintiff in a divorce action is coerced through
 physical force or threat of imminent physical violence into resumption of
 conjugal relations shall not constitute condonation.

   03/25/93  Senate Introduced and read first time SJ-6
   03/25/93  Senate Referred to Committee on Judiciary SJ-6
   04/29/93  Senate Committee report: Favorable Judiciary SJ-8
   05/04/93  Senate Read second time SJ-12
   05/05/93  Senate Read third time and sent to House SJ-11
   05/06/93  House  Introduced and read first time
   05/06/93  House  Referred to Committee on Judiciary HJ-7



COMMITTEE REPORT

April 29, 1993

S. 596

Introduced by SENATOR Ryberg

S. Printed 4/29/93--S.

Read the first time March 25, 1993.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 596), to amend PreviousArticleNext 1, Chapter 3 of Title 20, Code of Laws of South Carolina, 1976, relating to divorce, by adding Section 20-3-15, so as to provide that when the plaintiff in a divorce action is coerced through physical force, etc., respectfully

REPORT:

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

TY COURTNEY, for Committee.

A BILL

TO AMEND PreviousARTICLENext 1, CHAPTER 3 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVORCE, BY ADDING SECTION 20-3-15, SO AS TO PROVIDE THAT WHEN THE PLAINTIFF IN A DIVORCE ACTION IS COERCED THROUGH PHYSICAL FORCE OR THREAT OF IMMINENT PHYSICAL VIOLENCE INTO RESUMPTION OF CONJUGAL RELATIONS, SUCH RESUMPTION OF RELATIONS SHALL NOT CONSTITUTE CONDONATION.

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

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

"Section 20-3-15. Notwithstanding any other provision of law, when the party seeking a divorce is coerced through physical force or threat of imminent physical violence to resume conjugal relations with an estranged spouse, such resumption of conjugal relations shall not constitute condonation and shall not serve as a bar to the divorce action. Nothing in this section shall be interpreted to require a person seeking to invoke the provisions herein to file a claim of criminal sexual conduct or spousal sexual battery as a prerequisite."

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

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