Current Status Introducing Body:Senate Bill Number:1354 Primary Sponsor:Rose Committee Number:25 Type of Legislation:GB Subject:Spousal communication, case involving murder of minor Residing Body:House Current Committee:Judiciary Computer Document Number:1354 Introduced Date:Mar 03, 1992 Date of Last Amendment:Mar 19, 1992 Last History Body:House Last History Date:Mar 24, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Courtney Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
1354 House Mar 24, 1992 Introduced, read first time, 25
referred to Committee
1354 Senate Mar 20, 1992 Read third time, sent to House
1354 Senate Mar 19, 1992 Amended, read second time,
unanimous consent for third
reading on Friday, March 20,
1992
1354 Senate Mar 18, 1992 Committee Report: Favorable 11
1354 Senate Mar 03, 1992 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
March 19, 1992
S. 1354
S. Printed 3/19/92--S.
Read the first time March 3, 1992.
TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE PRIVILEGE OF SPOUSAL COMMUNICATION SHALL NOT APPLY TO CASES IN WHICH ONE OF THE SPOUSES IS A DEFENDANT IN A CRIMINAL CASE INVOLVING THE MURDER OF A MINOR.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 19-11-30 of the 1976 Code is amended to read:
"Section 19-11-30. In any trial or inquiry in any suit, action, or proceeding in any court or before any person having, by law or consent of the parties, authority to examine witnesses or hear evidence the husband or wife of any party thereto or of any person in whose behalf the suit, action, or proceeding is brought, prosecuted, opposed, or defended is, except as hereinafter stated, competent and compellable to give evidence, the same as any other witness, on behalf of any party to the suit, action, or proceeding. However, no husband or wife may be required to disclose any confidential or, in a criminal proceeding, any communication made by one to the other during their marriage. Notwithstanding the above provisions, a husband or wife is required to disclose any communication, confidential or otherwise, made by one to the other during their marriage where the suit, action, or proceeding concerns or is based on criminal sexual conduct involving a minor or the commission or attempting attempt to commit a lewd act upon a minor or the death or physical abuse of a minor."
SECTION 2. This act takes effect upon approval by the Governor.