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923Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20000111Primary Sponsor: FairAll Sponsors: Fair, GroomsDrafted Document Number: l:\council\bills\gjk\20813djc00.docResiding Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Protection of Family Integrity Act of 2000, Courts, Torts, Civil actions; criminal conversation, alienation of affectionHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000502 Recommitted to Committee 11 SJ ------ 20000309 Scrivener's error corrected Senate 20000308 Committee report: majority 11 SJ favorable, with amendment, minority unfavorable Senate 20000119 Co-Sponsor added by Senator Grooms Senate 20000111 Introduced, read first time, 11 SJ referred to Committee Senate 19990921 Prefiled, referred to Committee 11 SJ Versions of This Bill Revised on March 8, 2000 - Word format Revised on March 9, 2000 - Word format
Indicates Matter Stricken
Indicates New Matter
March 8, 2000
S. Printed 3/8/00--S. [SEC 3/9/00 7:35 PM]
Read the first time January 11, 2000.
To whom was referred a Bill (S. 923), to amend Chapter 75, Title 15, Code of Laws of South Carolina, 1976, relating to suits involving miscellaneous acts of wrongful conduct, by adding Article 3 so as enact the South Carolina Protection of Family Integrity Act of 2000, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 3, line 17, in Section 15-3-530(5), as contained in SECTION 2, by striking line 17 in its entirety and inserting therein the following:
/ "(5) an action for criminal conversation, alienation of affections, or for any other injury /.
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
JAMES E. BRYAN, JR. ROBERT FORD
For Majority. For Minority.
TO AMEND CHAPTER 75, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUITS INVOLVING MISCELLANEOUS ACTS OF WRONGFUL CONDUCT, BY ADDING ARTICLE 3 SO AS TO ENACT THE SOUTH CAROLINA PROTECTION OF FAMILY INTEGRITY ACT OF 2000 AND REINSTATE CIVIL ACTIONS FOR THE COMMON LAW TORTS OF CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS; TO AMEND SECTION 15-3-530, AS AMENDED, RELATING TO THE THREE-YEAR STATUTE OF LIMITATIONS FOR CERTAIN ACTIONS, SO AS TO INCLUDE ACTIONS FOR CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS WITHIN THE THREE-YEAR LIMITATIONS PERIOD; TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO THE TWO-YEAR STATUTE OF LIMITATIONS FOR CERTAIN ACTIONS, SO AS TO DELETE ALIENATION OF AFFECTIONS FROM THE TWO-YEAR LIMITATIONS PERIOD; TO AMEND SECTION 15-37-50, AS AMENDED, RELATING TO LIMITATIONS ON COSTS WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO INCLUDE AN ACTION FOR CRIMINAL CONVERSATION WITHIN THE PROVISIONS OF SECTION 15-37-50; TO AMEND CHAPTER 75, TITLE 15, BY DESIGNATING SECTIONS 15-75-10 THROUGH 15-75-60, RELATING TO WRONGFUL CONDUCT, AS ARTICLE 1, CHAPTER 75, TITLE 15, ENTITLED "MISCELLANEOUS ACTS OF WRONGFUL CONDUCT"; AND TO REPEAL SECTION 15-3-150 OF THE 1976 CODE RELATING TO THE PROHIBITION OF CIVIL ACTIONS FOR CRIMINAL CONVERSATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 75, Title 15 of the 1976 Code is amended by adding:
Section 15-75-310. This act may be cited as the 'South Carolina Protection of Family Integrity Act of 2000'.
Section 15-75-320. The General Assembly finds that:
(1) it is the public policy of the State of South Carolina to foster and preserve marriage, to make marriage a permanent and public institution, to encourage husbands and wives to live together, to prevent separation, and, whenever possible, to prevent divorce;
(2) husbands and wives and their children and their families, are entitled to and expect protection of marital and family relationships and for their rights, relational interests, and reasonable expectations arising from those relationships;
(3) when domestic difficulties result in separation, it is also the public policy of the State to encourage reconciliation, and to protect marital and family relationships from those who might wrongfully intrude;
(4) Article I, Section 9, Constitution of South Carolina, 1895, guarantees that all courts shall be public, and every person shall have speedy remedy therein for wrongs sustained. However, since abolition of the civil action for criminal conversation by Act 391 of 1988, effective March 21, 1988, and abolition of the civil action for alienation of affections by Russo v. Sutton, decided in 1992, persons who are vulnerable and victimized by intruders into their marriage and family relationships have no remedy for wrongs sustained, or for the financial and emotional losses from unjustified and inexcusable interference that, in addition to causing domestic difficulties, results in insurmountable obstacles being placed in the way of reconciliation;
(5) the institution of marriage, family values, the welfare of children, and society as a whole, are better served when marriage and the relationships between husbands, wives, and members of families are legally protected from the interference of intruders; and
(6) civil suits for the common law torts of alienation of affections and criminal conversation are necessary to provide protection for the integrity of marriage and the family in South Carolina, and to provide a remedy for wrongs sustained by persons whose marital and family relationships are damaged or destroyed by the unjustified and inexcusable interference of intruders.
Section 15-75-330. Actions for the common law torts of alienation of affections and criminal conversation may be brought in this State."
SECTION 2. 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 criminal conversation or for any other 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 3. Section 15-3-550 of the 1976 Code, as last 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 4. Section 15-37-50 of the 1976 Code, as last amended by Act 391 of 1988, is further amended to read:
"Section 15-37-50. When in an action for assault, battery, false imprisonment, libel, slander, malicious prosecution, criminal conversation, alienation of affections, or seduction or in any other action for damages for a tort the amount recovered is less than one hundred dollars, the total amount of costs and disbursements may not exceed the amount so recovered in the action."
SECTION 5. Sections 15-75-10 through 15-75-60 of the 1976 Code are designated as Article 1, Chapter 75, Title 15, entitled "Miscellaneous Acts of Wrongful Conduct".
SECTION 6. Section 15-3-150 of the 1976 Code is repealed.
SECTION 7. This act takes effect upon approval of the Governor.
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