South Carolina General Assembly
110th Session, 1993-1994

Bill 596


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    596
Primary Sponsor:                Ryberg
Committee Number:               25
Type of Legislation:            GB
Subject:                        Divorce, physical force
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       596
Introduced Date:                19930325
Last History Body:              House
Last History Date:              19930506
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Ryberg
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

596   House   19930506      Introduced, read first time,    25
                            referred to Committee
596   Senate  19930505      Read third time, sent to House
596   Senate  19930504      Read second time
596   Senate  19930429      Committee Report: Favorable     11
596   Senate  19930325      Introduced, read first time,    11
                            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.)

COMMITTEE REPORT

April 29, 1993

S. 596

Introduced by SENATOR Ryberg

S. Printed 4/29/93--S.

Read the first time March 25, 1993.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 596), to amend Article 1, Chapter 3 of Title 20, Code of Laws of South Carolina, 1976, relating to divorce, by adding Section 20-3-15, so as to provide that when the plaintiff in a divorce action is coerced through physical force, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

TY COURTNEY, for Committee.

A BILL

TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVORCE, BY ADDING SECTION 20-3-15, SO AS TO PROVIDE THAT WHEN THE PLAINTIFF IN A DIVORCE ACTION IS COERCED THROUGH PHYSICAL FORCE OR THREAT OF IMMINENT PHYSICAL VIOLENCE INTO RESUMPTION OF CONJUGAL RELATIONS, SUCH RESUMPTION OF RELATIONS SHALL NOT CONSTITUTE CONDONATION.

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

SECTION 1. Article 1, Chapter 3 of Title 20 of the 1976 Code is amended by adding:

"Section 20-3-15. Notwithstanding any other provision of law, when the party seeking a divorce is coerced through physical force or threat of imminent physical violence to resume conjugal relations with an estranged spouse, such resumption of conjugal relations shall not constitute condonation and shall not serve as a bar to the divorce action. Nothing in this section shall be interpreted to require a person seeking to invoke the provisions herein to file a claim of criminal sexual conduct or spousal sexual battery as a prerequisite."

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

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