Bill 4344

                    Current Status

Introducing Body:               House
Bill Number:                    4344
Ratification Number:            598
Act Number:                     481
Primary Sponsor:                G. Bailey
Type of Legislation:            GB
Subject:                        Child abuse, out-of-court
                                statements
Companion Bill Number:          1317
Date Bill Passed both Bodies:   Jun 03, 1992
Computer Document Number:       BR1/1969.AC
Governor's Action:              S
Date of Governor's Action:      Jun 23, 1992
Introduced Date:                Feb 04, 1992
Date of Last Amendment:         May 27, 1992
Last History Body:              ------
Last History Date:              Jun 23, 1992
Last History Type:              Act No. 481
Scope of Legislation:           Statewide
All Sponsors:                   G. Bailey
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4344  ------  Jun 23, 1992  Act No. 481
 4344  ------  Jun 23, 1992  Signed by Governor
 4344  ------  Jun 04, 1992  Ratified R 598
 4344  House   Jun 03, 1992  Concurred in Senate
                             amendment, enrolled for
                             ratification
 4344  Senate  May 28, 1992  Read third time, returned to
                             House with amendment
 4344  Senate  May 27, 1992  Amended, read second time,
                             ordered to third reading with
                             notice of general amendments
 4344  Senate  May 27, 1992  Recalled from Committee         11
 4344  Senate  Apr 06, 1992  Introduced, read first time,    11
                             referred to Committee
 4344  House   Apr 02, 1992  Read third time, sent to
                             Senate
 4344  House   Apr 01, 1992  Read second time
 4344  House   Mar 25, 1992  Committee Report: Favorable     25
 4344  House   Feb 04, 1992  Introduced, read first time,    25
                             referred to Committee

(A481, R598, H4344)

AN ACT TO AMEND SECTION 19-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATEMENTS BY CHILDREN IN ABUSE OR NEGLECT PROCEEDINGS, SO AS TO PROVIDE THAT THE STATEMENTS ARE ADMISSIBLE IF THE PARENTS OF THE CHILD ARE SEPARATED OR DIVORCED IF ONE OF THE PARENTS IS THE ALLEGED PERPETRATOR OF THE ABUSE AND THE ALLEGATION OF ABUSE WAS MADE AFTER THE PARENTS SEPARATED OR DIVORCED TO CERTAIN LAW ENFORCEMENT, SCHOOL, OR COUNSELOR PROFESSIONALS.

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

Admissibility when alleged perpetrator is separated or divorced parent

SECTION 1. Section 19-1-180(G) of the 1976 Code is amended to read:

"(G) If the parents of the child are separated or divorced, the hearsay statement shall be inadmissible if (1) one of the parents is the alleged perpetrator of the alleged abuse or neglect and (2) the allegation was made after the parties separated or divorced. Notwithstanding this subsection, a statement alleging abuse or neglect made by a child to a law enforcement official, an officer of the court, a licensed family counselor or therapist, a physician or other health care provider, a teacher, a school counselor, a Department of Social Services staff member, or to a child care worker in a regulated child care facility is admissible under this section."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 23rd day of June, 1992.