Current Status Bill Number:3469 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950202 Primary Sponsor:Fair All Sponsors:Fair, A. Young, Inabinett, Kelley, S. Whipper, G. Brown, Wilder, Stoddard, Simrill, Stille, Townsend, Easterday, Cooper, Herdklotz, Waldrop, Lloyd, Rice, Robinson, Cato, Riser, Wells, J. Young, Tripp, Allison and Witherspoon Drafted Document Number:br1\18069ac.95 Companion Bill Number:3382 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Marriage license applicants, HIV testing
Body Date Action Description Com Leg Involved
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House 19950202 Introduced, read first time, 27 H3M
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-225 SO AS TO REQUIRE MARRIAGE LICENSE APPLICANTS TO PRESENT CERTIFICATES STATING THEY HAVE BEEN GIVEN A STANDARD SEROLOGIC TEST FOR SEXUALLY TRANSMITTED DISEASE INCLUDING HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND PROVIDE REQUIREMENTS FOR THE CERTIFICATES AND PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-1-225. (A) A person who applies for a marriage license shall present to the judge of the probate court a certificate signed by a physician licensed pursuant to Chapter 47 of Title 40 or licensed in a state or United States territory to practice medicine and surgery which states that the applicant has been given a standard serologic test for sexually transmitted diseases including, but not limited to, Human Immunodeficiency Virus (HIV) infection and signed by the person the applicant desires to marry as witnessed by the physician. The test must be made within thirty days before the application for a license.
(B) The certificate of the physician must be on a form provided and distributed by the Department of Health and Environmental Control or by the state health departments of other states having laws requiring a blood test before marriage.
(C) The certificates must be filed by the judge of the probate court. A judge of the probate court who issues a marriage license to a person who fails to present a certificate as required by this section and an applicant for a marriage license or a physician who knowingly and wilfully makes a false statement in a certificate is guilty of a misdemeanor triable in magistrate's court. Upon conviction, the person must be fined not more than two hundred dollars or imprisoned not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor.