South Carolina General Assembly
112th Session, 1997-1998

Bill 223


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       223
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19970121
Primary Sponsor:                   Leventis 
All Sponsors:                      Leventis 
Drafted Document Number:           pt\2820ac.97
Companion Bill Number:             3421
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Child abuse, neglect; false
                                   report of; Minors, Crimes and
                                   Offenses



History


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

Senate  19970121  Introduced, read first time,             11 SJ
                  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.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-567 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO PROVIDE PENALTIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR GOOD FAITH REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THERE IS NO IMMUNITY IF A PERSON DOES NOT ACT IN GOOD FAITH OR ACTS MALICIOUSLY IN MAKING A REPORT.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-567. (A) It is unlawful to knowingly make a false report of abuse or neglect.

(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned not more than ninety days, or both."

SECTION 2. Section 20-7-540 of the l976 Code, as last amended by Act 450 of 1996, is further amended to read:

"Section 20-7-540. (A) A person required or permitted to report pursuant to this article or who participates in judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil or criminal proceedings good faith is rebuttably presumed.

(B) A person making a report or participating in judicial proceedings resulting from a report who does not act in good faith or who does so maliciously without a reasonable basis to believe the truth of the information reported or who acts with the intent to hurt the child, the child's family, or the person who is the subject of a report is not immune from civil or criminal liability.

(C) A person aggrieved by a false or inaccurate report may petition the family court in accordance with Section 20-7-695(D) to determine if there is probable cause to believe that the reporter was not acting in good faith or acted maliciously in reporting."

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

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