Current Status Introducing Body:
HouseBill Number: 4344Ratification Number: 598Act Number: 481Primary Sponsor: G. BaileyType of Legislation: GBSubject: Child abuse, out-of-court statementsCompanion Bill Number: 1317Date Bill Passed both Bodies: Jun 03, 1992Computer Document Number: BR1/1969.ACGovernor's Action: SDate of Governor's Action: Jun 23, 1992Introduced Date: Feb 04, 1992Date of Last Amendment: May 27, 1992Last History Body: ------Last History Date: Jun 23, 1992Last History Type: Act No. 481Scope of Legislation: StatewideAll Sponsors: G. BaileyType 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 CommitteeView additional legislative information at the LPITS web site.
(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."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 23rd day of June, 1992.