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Bill 22

                    Current Status

Bill Number:                      22
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990112
Primary Sponsor:                  Leventis
All Sponsors:                     Leventis, Elliott, Rankin
Drafted Document Number:          l:\council\bills\psd\7013ac99.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Child, abused or neglected; no immunity 
                                  for liability when making report not in good 
                                  faith, Minors


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990112  Introduced, read first time,           11 SJ
                  referred to Committee
Senate  19981118  Prefiled, referred to Committee        11 SJ


                             Versions of This Bill

TO AMEND SECTION 20-7-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 AND TO AUTHORIZE A PERSON TO PETITION FAMILY COURT TO DETERMINE IF A REPORTER WAS NOT ACTING IN GOOD FAITH OR ACTED WITH MALICE.

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

SECTION 1. 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 2. This act takes effect upon approval by the Governor.

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