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Current Status Bill Number:View additional legislative information at the LPITS web site.234 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010130 Primary Sponsor:Hawkins All Sponsors:Hawkins, Jackson, Hayes, Short, Giese, Holland, Courson, Fair, Richardson, Branton Drafted Document Number:l:\council\bills\ggs\22785cm01.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:20010426 Subject:Court statements, minor child under fourteen describing act of sexual contact or physical abuse admissible as evidence History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010501 Introduced, read first time, 25 HJ referred to Committee Senate 20010427 Read third time, sent to House Senate 20010426 Read second time, unanimous consent for third reading on Friday, 20010427 Senate 20010426 Committee amendment adopted Senate 20010426 Co-Sponsor added by Senator Richardson Branton Senate 20010425 Committee report: Favorable with 11 SJ amendment Senate 20010130 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on April 25, 2001 - Word format Revised on April 26, 2001 - Word format
COMMITTEE AMENDMENT ADOPTED
April 26, 2001
S. 234
Introduced by Senators Hawkins, Jackson, Hayes, Short, Giese, Holland, Courson, Fair, Richardson and Branton
S. Printed 4/26/01--S.
Read the first time January 30, 2001.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-175 SO AS TO PROVIDE THAT A STATEMENT MADE BY A CHILD LESS THAN FOURTEEN YEARS OF AGE DESCRIBING AN ACT OF SEXUAL CONTACT OR PHYSICAL ABUSE PERFORMED WITH OR ON THE CHILD BY ANOTHER PERSON, OR WITH OR ON ANOTHER PERSON IN THE PRESENCE OF THE CHILD IS ADMISSIBLE AS EVIDENCE UNDER CERTAIN CIRCUMSTANCES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 17-23-175. (A) An out-of-court statement, unless otherwise admissible, made by a child victim or child witness to a third party is admissible in a general sessions court proceeding or a delinquency proceeding in a family court if:
(1) the child testifies at the proceeding; and
(2) the court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient guarantees of trustworthiness.
(B) For purposes of this section, a 'child victim or child witness' is a person who:
(1)(a) is under the age of sixteen at the time of the making of the statement; or
(b) who functions cognitively, adaptively, or developmentally under the age of sixteen at the time of the making of the statement; and
(2) is the child victim of or child witness to:
(a) an offense under Chapter 3 of Title 16;
(b) an offense under Chapter 15 of Title 16;
(c) an offense under Chapter 17 of Title 16;
(d) an offense under Chapter 25 of Title 16;
(e) an offense under Chapter 7 of Title 20; or
(f) the common law offense of assault and battery of a high and aggravated nature.
(C) The proponent of the statement must inform the adverse party of the proponent's intention to offer the statement and the content of the statement within forty-eight hours of obtaining the statement, but in no case less than seventy-two hours before the proceeding, in order to provide the adverse party with a fair opportunity to prepare a response to the statement before the proceeding at which it is offered. If the declarant is sixteen years of age or older, the adverse party may challenge the decision that the child functions cognitively, adaptively, or developmentally under the age of sixteen."
SECTION 2. This act takes effect upon approval by the Governor.
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