Current Status Bill Number:4838 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980318 Primary Sponsor:Neilson All Sponsors:Neilson, R. Smith and J. Hines Drafted Document Number:PSD\7104AC.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Cause of action created for alienation of affection, Torts, Courts
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980318 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-25 SO AS TO CREATE A CAUSE OF ACTION FOR ALIENATION OF AFFECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 15-75-25. (A) There is created a cause of action for alienation of affection. A person seeking to recover damages for alienation of affection must allege and prove that:
(1) he or she is married to the party involved with the defendant;
(2) wrongful conduct occurred between the defendant and the spouse during the marriage;
(3) the plaintiff suffered loss of affection or consortium of the spouse; and
(4) a causal connection exists between the defendant's conduct and the plaintiff's loss.
(B) An action for alienation of affection must be commenced within three years of the date of accrual of the cause of action. However, no cause of action for alienation of affection may be maintained by a person who has entered into an agreement for separate maintenance containing an express waiver of this right."
SECTION 2. This act takes effect upon approval by the Governor, and applies prospectively to causes of action accruing on or after the effective date.