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3692Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990310Primary Sponsor: RodgersAll Sponsors: Rodgers, Gilham, Lloyd and PinckneyDrafted Document Number: l:\council\bills\bbm\9060som99.docResiding Body: SenateCurrent Committee: Conference Committee 88 SCCDate of Last Amendment: 20000530Subject: Civil actions, assault and battery actions to commence within four years; Courts, Torts, Crimes and OffensesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000622 Appointed Rep. to Committee of 98 HCC Campsen Conference, replacing Rep. F. Smith House 20000621 Appointed Rep. to Committee of 98 HCC Harrison Conference, replacing Rep. J. Smith Senate 20000531 Conference powers granted, 88 SCC McConnell appointed Senators to Committee Hutto of Conference Gregory House 20000531 Conference powers granted, 98 HCC Lucas appointed Reps. to Committee of F. Smith Conference J. Smith House 20000531 Insists upon amendment Senate 20000531 Non-concurrence in House amendment House 20000530 Senate amendments amended, returned to Senate with amendment Senate 20000530 Amended, read third time, returned to House with amendment Senate 20000525 Amended, read second time, notice of general amendments Senate 20000524 Committee report: Favorable 11 SJ Senate 20000210 Introduced, read first time, 11 SJ referred to Committee House 20000209 Read third time, sent to Senate House 20000208 Amended, read second time House 20000203 Committee report: Favorable with 25 HJ amendment House 19990310 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on February 3, 2000 - Word format Revised on February 8, 2000 - Word format Revised on May 24, 2000 - Word format Revised on May 25, 2000 - Word format Revised on May 30, 2000 - Word format Revised on May 30, 2000-A - Word format
Indicates Matter Stricken
Indicates New Matter
May 30, 2000
S. Printed 5/30/00--H.
Read the first time February 10, 2000.
TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-548 SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT AND ACTIONS FOR BATTERY MUST BE COMMENCED WITHIN FOUR YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-3-530(5) of the 1976 Code, as last amended by Act 432 of 1988, is further amended to read:
"(5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545;"
SECTION 2. Section 15-3-550 of the 1976 Code, as amended by Act 391 of 1988, is further amended to read:
"Section 15-3-550. Within two years:
(1) an action for libel, slander,
assault, battery, alienation of affections, or false imprisonment; and
(2) an action upon a statute for a forfeiture or penalty to the State."
SECTION 3. Section 15-7-30 of the 1976 Code is amended to read:
"Section 15-7-30. In all other cases, the action
shall must be tried in the county in which the defendant resides at the time of the commencement of the action. If there be is more than one defendant, then the action may be tried in any county in which one or more of the defendants to such the action resides at the time of the commencement of the action. If none of the parties defendants shall reside in the State, the action may be tried in any county which the plaintiff shall designate designates in his complaint; however, if a defendant is a company involved in the transportation of goods or persons by rail, the action must be tried, at the option of the plaintiff, in the county where the cause of action arose, where the plaintiff resided when the cause of action arose, or where the defendant has his principal place of business. This section is subject, however, to the power of the court to change the place of trial in certain cases as provided by law. The designation of a county where the action may be tried does not affect Section 15-77-300, except as otherwise provided by law."
SECTION 4. This act takes effect upon approval by the Governor.
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