Current Status Introducing Body:House Bill Number:4017 Primary Sponsor:Keyserling Committee Number:27 Type of Legislation:GB Subject:Marriage licenses, HIV testing Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Computer Document Number:436/11267AC.93 Introduced Date:19930414 Last History Body:House Last History Date:19930414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Keyserling Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4017 House 19930414 Introduced, read first time, 27
referred to Committee
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TO AMEND SECTION 20-1-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE LICENSES, SO AS TO REQUIRE THAT A HEALTH CERTIFICATE SIGNED BY A PHYSICIAN MUST BE SUBMITTED INDICATING THAT THE APPLICANT HAS NO EVIDENCE OF A SEXUALLY TRANSMITTED DISEASE, AND TO PROVIDE CONDITIONS UNDER WHICH A PERSON WITH EVIDENCE OF A SEXUALLY TRANSMITTED DISEASE MAY OBTAIN A LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-1-220 of the 1976 Code is amended to read:
"Section 20-1-220. (A) No license shall may be issued unless a written application therefor for a license shall have been filed with the probate judge, or in Darlington and Georgetown Counties the clerk of court who issues such license, at least twenty-four hours prior to before its issuance and a health certificate executed within thirty days from the date it is submitted showing that by the usual methods of examination made by a licensed physician there is no evidence of any sexually transmitted disease found.. Such The application must be signed by both of the contracting parties and shall contain the same information as required for the issuing of the license. The license issued shall, in addition to other things required, show the hour and date of the filing of the application therefor and the hour and date of the issuance of the license. Such The application shall must be kept by the probate judge or clerk of court as a permanent record in his office. Any A probate judge or clerk of court issuing any a license contrary to the provisions hereof shall, on this section, upon conviction thereof, must be punished by a fine of fined not more than one hundred dollars nor and not less than twenty-five dollars or by imprisonment imprisoned for not more than thirty days nor less than ten days.
(B) Notwithstanding subsection (A), if evidence of a sexually transmitted disease is found, the applicant may be issued a marriage license if:
(1) the applicant has completed treatment and a licensed physician certifies that the applicant is cured or probated and that the physician has informed the applicant and proposed marital partner of any possible future infectivity of the applicant;
(2) when the applicant is in a stage of the disease that is not communicable to the marital partner as certified by a licensed physician, the applicant signs an agreement to take adequate treatment until cured or probated;
(3) when the applicant is pregnant and it is necessary to protect the legitimacy of the offspring, the applicant signs an agreement to take adequate treatment until cured or probated;
(4) when the applicant and the proposed marital partner are both infected with the same disease, and both have signed an agreement to take treatment until cured or probated."
SECTION 2. This act takes effect upon approval by the Governor.