Current Status Bill Number:4026 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Davenport All Sponsors:Davenport Drafted Document Number:dka\3901ac.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Child abuse case, falsely accusing person
Body Date Action Description Com Leg Involved
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House 19950412 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-565 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO SUBJECT A PERSON MAKING A FALSE REPORT TO LIABILITY FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; AND BY ADDING SECTION 20-7-567 SO AS TO SUBJECT THE DEPARTMENT OF SOCIAL SERVICES TO A FINE OF UP TO TEN THOUSAND DOLLARS AND LIABILITY FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS FOR VIGOROUSLY PURSUING THE INVESTIGATION OR PROSECUTION OF A REPORT OF ABUSE OR NEGLECT THAT THE DEPARTMENT KNEW OR SHOULD HAVE KNOWN WAS FALSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-565. A person who knowingly makes a false report of abuse or neglect is:
(1) guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months, or both;
(2) liable for actual and punitive damages in an action for intentional infliction of emotional distress."
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-567. If the Department of Social Services vigorously pursues the investigation or prosecution of a report of alleged abuse or neglect when the department knew or should have known that the report was false, the department is subject to a civil fine of up to ten thousand dollars and is subject to liability for actual and punitive damages in an action for intentional infliction of emotional distress."
SECTION 3. This act takes effect upon approval by the Governor.