Bill 915

                    Current Status

Introducing Body:               Senate
Bill Number:                    915
Primary Sponsor:                Courtney
Committee Number:               25
Type of Legislation:            GB
Subject:                        Divorce, granted regardless
                                of recrimination plea
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       915
Introduced Date:                19940111
Last History Body:              House
Last History Date:              19940223
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Courtney
                                J. Verne Smith
Type of Legislation:            General Bill

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

915   House   19940223      Introduced, read first time,    25
                            referred to Committee
915   Senate  19940222      Read third time, sent to House
915   Senate  19940217      Read second time
915   Senate  19940216      Committee Report: Favorable     11
915   Senate  19940111      Introduced, read first time,    11
                            referred to Committee
915   Senate  19931206      Prefiled, referred to           11
                            Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

February 16, 1994

S. 915

S. Printed 2/16/94--S.

Read the first time January 11, 1994.

To whom was referred a Bill (S. 915), to amend Section 20-3-10, Code of Laws of South Carolina, 1976, relating to grounds for divorce, so as to provide that a divorce, etc., respectfully

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

GLENN F. McCONNELL, for Committee.

A BILL

TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE BASED UPON ANY OF THE VALID GROUNDS MAY BE ALLOWED REGARDLESS OF ANY PLEA OF RECRIMINATION AND TO MAKE OTHER CONFORMING CHANGES.

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

SECTION 1. Section 20-3-10 of the 1976 Code is amended to read:

"Section 20-3-10. (A) No divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds, to wit:

(1) Adultery;

(2) Desertion for a period of one year;

(3) Physical cruelty;

(4) Habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug; or

(5) On the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year. A plea of res judicata or of recrimination with respect to any other provision of this section subsection shall not be a bar to either party obtaining a divorce on this ground.

(B) A plea of recrimination with respect to any ground for divorce under subsection (A) of this section shall not be a bar to either party obtaining a divorce. In such instances, the court shall have the discretion to grant a divorce against the party who committed the first ground for divorce not condoned or forgiven."

Section 2. The provisions of this act apply to all pending cases instituted before the effective date of this act and to all cases instituted after the effective date of this act.

Section 3. This act takes effect upon approval by the Governor.