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Bill Number: 97 Ratification Number: 420 Act Number 391 Introducing Body: Senate Subject: No civil action for criminal conversation
(A391, R420, S97)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-150 SO AS TO PROVIDE THAT NO CIVIL ACTION MAY BE BROUGHT IN THIS STATE FOR CRIMINAL CONVERSATION; TO AMEND SECTION 15-3-530, RELATING TO ACTIONS INCLUDED IN THE SIX-YEAR PERIOD PRESCRIBED FOR THE COMMENCEMENT OF ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY, SO AS TO DELETE THE REFERENCE TO CRIMINAL CONVERSATION; SECTION 15-3-550, RELATING TO ACTIONS INCLUDED WITHIN THE TWO-YEAR PERIOD, SO AS TO PROVIDE FOR AN ACTION FOR ALIENATION OF AFFECTIONS; AND SECTION 15-37-50, RELATING TO LIMITATION ON COSTS WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO DELETE THE REFERENCE TO CRIMINAL CONVERSATION AND PROVIDE FOR AN ACTION FOR ALIENATION OF AFFECTIONS; AND TO PROVIDE FOR SECTION 15-3-150 TO APPLY TO CAUSES OF ACTION FOR CRIMINAL CONVERSATION ACCRUING AFTER JUNE 30, 1988.
Be it enacted by the General Assembly of the State of South Carolina:
No civil action for criminal conversation
SECTION 1. Article 1, Chapter 3, Title 15 of the 1976 Code is amended by adding:
"Section 15-3-150. No civil action may be brought in this State for the tort of criminal conversation."
Action for criminal conversation deleted
SECTION 2. Section 15-3-530(5) of the 1976 Code is amended to read:
"(5) An action for any injury to the person or rights of another, not arising on contract, not enumerated by law, and those provided for in Section 15-3-545."
Action for alienation of affections
SECTION 3. Section 15-3-550 of the 1976 Code is amended to read:
"Section 15-3-550. Within two years:
(1) an action for libel, slander, assault, battery, alienation of affections, or false imprisonment; and
(2) an action upon a statute for a forfeiture or penalty to the State "
Action for criminal conversation
SECTION 4. Section 15-37-50 of the 1976 Code is amended to read:
"Section 15-37-50. When in an action for assault, battery, false imprisonment, libel, slander, malicious prosecution, alienation of affections, or seduction or in any other action for damages for a tort the amount recovered is less than one hundred dollars, the total amount of costs and disbursements may not exceed the amount so recovered in the action."
Application of Section 15-3-150 deleted; action for alienation of affections
SECTION 5. Section 15-3-150 of the 1976 Code, as added in Section 1 of this act, applies to causes of action for criminal conversation accruing after June 30, 1988.
SECTION 6. This act takes effect upon approval by the Governor.