Bill 3204

                    Current Status

Bill Number:                    3204
Ratification Number:            248
Act Number:                     234
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950110
Primary Sponsor:                Limbaugh 
All Sponsors:                   Limbaugh, McKay, Harrison and Huff
Drafted Document Number:        PT\1595SD.95
Date Bill Passed both Bodies:   19960221
Date of Last Amendment:         19960208
Governor's Action:              S
Date of Governor's Action:      19960304
Subject:                        Disability, statute of
                                limitations

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960313  Act No. A234
------  19960304  Signed by Governor
------  19960227  Ratified R248
House   19960221  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19960213  Read third time, returned to House
                  with amendment
Senate  19960208  Amended, read second time
Senate  19960207  Committee report: Favorable with         11 SJ
                  amendment
Senate  19950222  Introduced, read first time,             11 SJ
                  referred to Committee
House   19950221  Read third time, sent to Senate
House   19950216  Amended, read second time
House   19950215  Committee report: Favorable with         25 HJ
                  amendment
House   19950110  Introduced, read first time,             25 HJ
                  referred to Committee

(A234, R248, H3204)

AN ACT TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CERTAIN CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, AND SECTION 15-3-370, RELATING TO THE STATUTE OF LIMITATIONS ON REAL PROPERTY ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.

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

Exception for imprisoned persons deleted

SECTION 1. Section 15-3-40 of the 1976 Code, as last amended by Act 352 of 1988, is further amended to read:

"Section 15-3-40. If a person entitled to bring an action mentioned in Article 5 of this chapter or an action under Chapter 78 of this title, except for a penalty or forfeiture or against a sheriff or other officer for an escape, is at the time the cause of action accrued either:

(1) within the age of eighteen years; or

(2) insane;

the time of the disability is not a part of the time limited for the commencement of the action, except that the period within which the action must be brought cannot be extended:

(a) more than five years by any such disability, except infancy; nor

(b) in any case longer than one year after the disability ceases."

Exception for imprisoned persons deleted

SECTION 2. Section 15-3-370 of the 1976 Code is amended to read:

"Section 15-3-370. If a person entitled to commence any action for the recovery of real property, or make an entry or defense founded on the title to real property or to rents or services out of the same is, at the time the title shall first descend or accrue, either:

(1) within the age of eighteen years; or

(2) insane;

the time during which the disability shall continue shall not be considered any portion of the time in this article limited for the commencement of the action or the making of the entry or defense, but the action may be commenced or entry or defense made after the period of ten years and within ten years after the disability shall cease or after the death of the person entitled who shall die under the disability. But the action shall not be commenced or entry or defense made after that period."

Time effective

SECTION 3. This act takes effect upon approval by the Governor and applies to causes of action accruing on or after July 1, 1996.

Approved the 4th day of March, 1996.