Download This Version in Microsoft 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.
This web page was last updated on Friday, June 26, 2009 at 3:00 P.M.