South Carolina General Assembly
109th Session, 1991-1992

Bill 3419


                    Current Status

Introducing Body:               House
Bill Number:                    3419
Ratification Number:            210
Act Number:                     140
Primary Sponsor:                Huff
Type of Legislation:            GB
Subject:                        Genetic testing
Companion Bill Number:          583
Date Bill Passed both Bodies:   Jun 05, 1991
Computer Document Number:       3419
Governor's Action:              S
Date of Governor's Action:      Jun 12, 1991
Introduced Date:                Feb 05, 1991
Date of Last Amendment:         May 30, 1991
Last History Body:              ------
Last History Date:              Jun 12, 1991
Last History Type:              Act No. 140
Scope of Legislation:           Statewide
All Sponsors:                   Huff
                                Hodges
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3419  ------  Jun 12, 1991  Act No. 140
 3419  ------  Jun 12, 1991  Signed by Governor
 3419  ------  Jun 06, 1991  Ratified R 210
 3419  House   Jun 05, 1991  Concurred in Senate
                             amendment, enrolled for
                             ratification
 3419  Senate  May 31, 1991  Read third time, returned
                             with amendment
 3419  Senate  May 30, 1991  Amended, read second time,
                             unanimous consent for third
                             reading on Friday, May 31
 3419  Senate  May 22, 1991  Committee Report: Favorable     11
                             with amendment
 3419  Senate  Mar 07, 1991  Introduced, read first time,    11
                             referred to Committee
 3419  House   Mar 06, 1991  Read third time, sent to
                             Senate
 3419  House   Mar 05, 1991  Amended, read second time
 3419  House   Feb 27, 1991  Committee Report: Favorable     25
                             with amendment
 3419  House   Feb 05, 1991  Introduced, read first time,    25
                             referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A140, R210, H3419)

AN ACT TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO PROVIDE THAT GENETIC TESTING IS REQUIRED IN ALL CHILD SUPPORT CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT AND PROVIDE WHEN GENETIC TESTING IS DONE WHEN THESE CASES ARE NOT ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT.

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

Genetic testing

SECTION 1. Section 20-7-954(B) of the 1976 Code, as last amended by Act 562 of 1990, is further amended to read:

"(B) For all child support cases administered under Title IV-D of the Social Security Act, the child and all other parties in a contested paternity case, upon the request of any party to the action, must be ordered by the court to submit to the genetic testing, as provided for in subsection (A), to determine paternity. This testing is not required where the individual involved has good cause for failing to cooperate pursuant to the provisions of Section 402(a)(26)(B) of the Social Security Act or where the court determines that paternity has been previously established by operation of law or judicial finding of fact."

Conditions under which genetic testing not required

SECTION 2. Section 20-7-954(C) of the 1976 Code is amended to read:

"(C) For all child support cases not administered under Title IV-D of the Social Security Act, the child and all parties in a contested paternity case, upon the request of any party to the action, must be ordered by the court to submit to the genetic testing, as provided for in subsection (A), to determine paternity. This testing is not required where the court determines that good cause, including the presumption of legitimacy, not to order the test exists or where the court determines that paternity has been established previously by operation of law or judicial finding of fact."

Orders enforceable by contents

SECTION 3. Section 20-7-954 of the 1976 Code is amended by adding:

"(D) Any order issued under this section is enforceable by contempt."

Time effective

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

Approved the 12th day of June, 1991.