H 4796 General Bill, By I.K. Rudnick, A.W. Byrd, J.L.M. Cromer, K.G. Kempe, 
H.H. Keyserling, S.G. Manly, T.F. Rogers, J.S. Shissias, R. Smith, C.H. Stone, 
C.Y. Waites, L.S. Whipper and Young-Brickell
 A Bill to amend Sections 16-3-615 and 16-3-659.1, Code of Laws of South
 Carolina, 1976, relating to spousal sexual battery, so as to provide that
 provisions governing the admissibility of evidence concerning a victim's
 sexual conduct apply in spousal sexual battery.

   04/29/92  House  Introduced and read first time HJ-244
   04/29/92  House  Referred to Committee on Judiciary HJ-244

A BILL

TO AMEND SECTIONS 16-3-615 AND 16-3-659.1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOUSAL SEXUAL BATTERY, SO AS TO PROVIDE THAT PROVISIONS GOVERNING THE ADMISSIBILITY OF EVIDENCE CONCERNING A VICTIM'S SEXUAL CONDUCT APPLY IN SPOUSAL SEXUAL BATTERY.

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

SECTION 1. Section 16-3-615(C) of the 1976 Code, as added by Act 139 of 1991, is amended to read:

"(C) The provisions of Section 16-3-659.1 do not apply to any trial brought under this section."

SECTION 2. Section 16-3-659.1(1) of the 1976 Code is amended to read:

"(1) Evidence of specific instances of the victim's sexual conduct, opinion evidence of the victim's sexual conduct, and reputation evidence of the victim's sexual conduct shall may not be admitted in prosecutions under Sections 16-3-615 and 16-3-652 to 16-3-656; provided, however, that evidence of the victim's sexual conduct with the defendant, or evidence of specific instances of sexual activity with persons other than the defendant introduced to show source of origin of semen, pregnancy, or disease about which evidence has been previously introduced previously at trial shall be is admissible if the judge finds that such evidence is relevant to a material fact and issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value. Provided, however, that Evidence of specific instances of sexual activity which would constitute adultery and would be admissible under rules of evidence to impeach the creditability of the witness shall may not be excluded."

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