H 3124 General Bill, By Quinn, Pope and Putnam

Similar(S 177)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 19-5-520 SO AS TO PROVIDE A PROCEDURE FOR THE CERTIFICATION OF DOMESTIC AND
 FOREIGN RECORDS OF REGULARLY CONDUCTED ACTIVITY, OR BUSINESS RECORDS, IN
 ACCORDANCE WITH FEDERAL RULE 902(11) AND (12).

   12/11/14  House  Prefiled
   12/11/14  House  Referred to Committee on Judiciary
   01/13/15  House  Introduced and read first time (House Journal-page 105)
   01/13/15  House  Referred to Committee on Judiciary
                     (House Journal-page 105)
   02/03/15  House  Member(s) request name added as sponsor: Pope
   02/10/15  House  Member(s) request name added as sponsor: Putnam

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-5-520 SO AS TO PROVIDE A PROCEDURE FOR THE CERTIFICATION OF DOMESTIC AND FOREIGN RECORDS OF REGULARLY CONDUCTED ACTIVITY, OR BUSINESS RECORDS, IN ACCORDANCE WITH FEDERAL RULE 902(11) AND (12).

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

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, Supreme Court Rules of Evidence, extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(1)    The original or a copy of a domestic record that meets the requirements of Rule 803(6), 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 must give an adverse party reasonable written notice of the intent to offer the record and must make the record and certification available for inspection so that the party has a fair opportunity to challenge them.

(2)    In a civil case, the original or a copy of a foreign record that meets the requirements of subsection (1), 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 country where the certification is signed. The proponent also must meet the notice requirements of subsection (1)."

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