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3131Ratification Number: 153Act Number: 102Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010109Primary Sponsor: RodgersAll Sponsors: Rodgers, WhipperDrafted Document Number: l:\council\bills\skb\18050som01.docDate Bill Passed both Bodies: 20010620Date of Last Amendment: 20010607Governor's Action: SDate of Governor's Action: 20010831Subject: Assault and battery, civil actions for to be commenced within three years; Crimes and Offenses, Courts, TortsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20010918 Act No. A102 ------ 20010831 Signed by Governor ------ 20010628 Ratified R153 House 20010620 Concurred in Senate amendment, enrolled for ratification Senate 20010620 Read third time, returned to House with amendment Senate 20010607 Read second time, unanimous consent for third reading on the next Legislative Day Senate 20010607 Committee amendment amended and adopted Senate 20010509 Committee report: Favorable with 11 SJ amendment Senate 20010306 Introduced, read first time, 11 SJ referred to Committee House 20010301 Read third time, sent to Senate House 20010228 Amended, read second time House 20010222 Debate adjourned House 20010220 Request for debate by Representative Kirsh Cooper Cato Law Moody- Lawrence White McGee Perry Davenport Fleming J.E. Smith Harrison J.H. Neal House 20010214 Committee report: Favorable with 25 HJ amendment House 20010109 Introduced, read first time, 25 HJ referred to Committee House 20001213 Prefiled, referred to Committee 25 HJ Versions of This Bill Revised on February 14, 2001 - Word format Revised on February 28, 2001 - Word format Revised on May 9, 2001 - Word format Revised on June 7, 2001 - Word format
(A102, R153, H3131)
AN ACT TO AMEND SECTION 15-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT OR BATTERY MUST BE COMMENCED WITHIN THREE YEARS; 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, AN ACTION FOR BATTERY, AND AN ACTION FOR ALIENATION OF AFFECTIONS; AND TO AMEND CHAPTER 3, TITLE 15 BY ADDING SECTION 15-3-555 SO AS TO PROVIDE A STATUTE OF LIMITATIONS FOR ACTIONS BASED ON SEXUAL ABUSE OR INCEST OF SIX YEARS FROM THE TIME A PERSON BECOMES TWENTY-ONE OR WITHIN THREE YEARS OF DISCOVERING THE INJURY AND THE CAUSAL RELATIONSHIP BETWEEN THE INJURY AND THE ABUSE OR INCEST AND TO PROVIDE THAT PARENTAL IMMUNITY IS NOT A DEFENSE TO THIS ACTION; AND TO PROVIDE THAT A LAWSUIT BASED ON ABUSE OR INCEST PREVIOUSLY BROUGHT AND BARRED BY THE STATUTE OF LIMITATIONS MAY BE BROUGHT WITHIN THREE YEARS OF THIS ACT'S EFFECTIVE DATE.
Be it enacted by the General Assembly of the State of South Carolina:
Increased statute of limitations for assault, battery
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;"
Eliminate certain actions from two-year statute
SECTION 2. 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, or false imprisonment; and
(2) an action upon a statute for a forfeiture or penalty to the State."
Statute of limitations for action based on sexual abuse or incest
SECTION 3. The 1976 Code is amended by adding:
"Section 15-3-555. (A) An action to recover damages for injury to a person arising out of an act of sexual abuse or incest must be commenced within six years after the person becomes twenty-one years of age or within three years from the time of discovery by the person of the injury and the causal relationship between the injury and the sexual abuse or incest, whichever occurs later.
(B) Parental immunity is not a defense against claims based on sexual abuse or incest that occurred before, on, or after this section's effective date."
Actions filed before effective date and barred have three years after effective date to bring action
SECTION 4. Notwithstanding any other provision of law, a person who before this act's effective date filed an action to recover damages for injury arising out of sexual abuse or incest which was barred for failure to bring the action within the time required by the statute of limitations in effect at the time has three years from this act's effective date to bring an action based on that abuse or incest subject to the limitations of Section 15-3-555.
SECTION 5. This act takes effect upon approval by the Governor.
Ratified the 28th day of June, 2001.
Approved the 31st day of August, 2001.
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