H 4289 General Bill, By McGee, Altman, Battle and Coates
 A BILL TO AMEND SECTION 16-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO SLANDER AND LIBEL, SO AS TO DELETE THE MALICIOUS INTENT STANDARD
 AND PROVIDE FOR AN ACTUAL MALICE STANDARD REQUIRING KNOWLEDGE THAT A STATEMENT
 IS FALSE OR MADE WITH RECKLESS DISREGARD FOR WHETHER THE STATEMENT IS FALSE.

   11/16/05  House  Prefiled
   11/16/05  House  Referred to Committee on Judiciary
   01/10/06  House  Introduced and read first time HJ-17
   01/10/06  House  Referred to Committee on Judiciary HJ-18
   02/22/06  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   02/28/06  House  Amended HJ-15
   02/28/06  House  Read second time HJ-16
   03/01/06  House  Read third time and sent to Senate HJ-9
   03/01/06  Senate Introduced and read first time SJ-21
   03/01/06  Senate Referred to Committee on Judiciary SJ-21
   03/08/06  Senate Referred to Subcommittee: Hutto (ch), Jackson,
                     Knotts, Bryant

AMENDED

February 28, 2006

H. 4289

S. Printed 2/28/06--H.

Read the first time January 10, 2006.

TO AMEND SECTION 16-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SLANDER AND LIBEL, SO AS TO DELETE THE MALICIOUS INTENT STANDARD AND PROVIDE FOR AN ACTUAL MALICE STANDARD REQUIRING KNOWLEDGE THAT A STATEMENT IS FALSE OR MADE WITH RECKLESS DISREGARD FOR WHETHER THE STATEMENT IS FALSE.

Amend Title To Conform

SECTION    1.    Section 16-7-150 of the 1976 Code is repealed.

SECTION 2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 3.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    4.    This act takes effect upon approval by the Governor.