Current Status Introducing Body:House Bill Number:3927 Primary Sponsor:J. Bailey Committee Number:11 Type of Legislation:GB Subject:Sexual abuse or incest, statute of limitations Residing Body:Senate Current Committee:Judiciary Computer Document Number:436/11251AC.93 Introduced Date:19930413 Last History Body:Senate Last History Date:19930525 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:J. Bailey Waites Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3927 Senate 19930525 Introduced, read first time, 11 referred to Committee 3927 House 19930520 Read third time, sent to Senate 3927 House 19930519 Read second time 3927 House 19930505 Committee Report: Favorable 25 3927 House 19930413 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
COMMITTEE REPORT
May 5, 1993
H. 3927
S. Printed 5/5/93--H.
Read the first time April 13, 1993.
To whom was referred a Bill (H. 3927), to amend the Code of Laws of South Carolina, 1976, by adding Section 15-3-555 so as to provide a statute of limitations for actions based on sexual abuse or incest of ten years from the time a person becomes eighteen, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JAMES H. HODGES, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-555 SO AS TO PROVIDE A STATUTE OF LIMITATIONS FOR ACTIONS BASED ON SEXUAL ABUSE OR INCEST OF TEN YEARS FROM THE TIME A PERSON BECOMES EIGHTEEN OR WITHIN FOUR YEARS OF DISCOVERING THE INJURY AND THE CAUSAL RELATIONSHIP BETWEEN THE INJURY AND THE ABUSE OR INCEST; TO PROVIDE THAT PARENTAL IMMUNITY IS NOT A DEFENSE; TO PROVIDE THAT A LAW SUIT BASED ON ABUSE OR INCEST PREVIOUSLY BROUGHT AND BARRED BY THE STATUTE OF LIMITATIONS MAY BE BROUGHT WITHIN FOUR YEARS OF THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE SEVERABILITY PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 15-3-555. (A) An action to recover damages for injury to the person arising out of an act of sexual abuse or incest must be commenced within ten years after the person becomes eighteen years of age or within four years from the time of discovery by the person of the injury and the causal relationship between the injury and the sexual abuse or incest, whichever occurs later.
(B) Parental immunity is not a defense against claims based on sexual abuse or incest that occurred before, on, or after this section's effective date."
SECTION 2. Notwithstanding any other provision of law, a person who before this act's effective date filed an action to recover damages for injury arising out of sexual abuse or incest which was barred for failure to bring the action within the time required by the statute of limitations in effect at the time has four years from this act's effective date to bring an action based on that abuse or incest.
SECTION 3. If any provision of this act or its application to any person is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable.
SECTION 4. This act takes effect upon approval by the Governor.