Bill 728

                    Current Status

Bill Number:                    728
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970501
Primary Sponsor:                Holland
All Sponsors:                   Holland, Hutto, Courtney and
                                Rankin 
Drafted Document Number:        jud6042.dhh
Companion Bill Number:          4117
Residing Body:                  Senate
Date of Last Amendment:         19980402
Subject:                        Spouse, loss of companionship,
                                loss of parental consortium provided;
                                Domestic Relations

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

Senate  19980402  Read second time
Senate  19980402  Committee amendment adopted
Senate  19980401  Committee report: Favorable with         11 SJ
                  amendment
Senate  19970501  Introduced, read first time,             11 SJ
                  referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

April 2, 1998

S. 728

S. Printed 4/2/98--S.

Read the first time May 1, 1997.

A BILL

TO AMEND SECTION 15-75-20, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO LOSS OF COMPANIONSHIP OF A SPOUSE, SO AS TO PROVIDE FOR LOSS OF PARENTAL CONSORTIUM.

Amend Title To Conform

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

SECTION 1. Section 15-75-20 of the 1976 Code is amended to read:

"Section 15-75-20. (A) Any person may maintain an action for damages arising from an intentional or tortious violation of the right to the companionship, aid, society, and services of his or her spouse. Provided However, that such the action shall not include any damages recovered prior thereto by the injured spouse.

This section shall not be retroactive but shall be effective only on cause of action arising after June 25, 1969.

(B) Any child who is seventeen years of age or younger or a permanently handicapped or incapacitated child may maintain an action for damages arising from an intentional or tortious interference of the parent-child relationship caused by a severe, serious, and permanent physical or mental injury to the parent. For purposes of this section, 'mental injury' is defined as an injury that results from anatomical, physiological, or psychological abnormalities that substantially impede major life activities and which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. However, the child must have been dependent upon the parent for economic, emotional, and societal support prior to and at the time of the tortious interference of the relationship.

Any action under this subsection must be brought at the same time as other actions arising from the injury."

SECTION 2. Section 15-75-20(B) of this act applies to actions arising after December 31, 1999.

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