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Bill 3745

                    Current Status

Bill Number:                      3745
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010320
Primary Sponsor:                  J.E. Smith
All Sponsors:                     J.E. Smith
Drafted Document Number:          l:\council\bills\skb\18125som01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Sexual abuse or incest actions, statute 
                                  of limitations provided; Torts, Civil actions, 
                                  Minors, Crimes, Sex offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010320  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 FOUR YEARS OF DISCOVERING THE INJURY AND THE CAUSAL RELATIONSHIP BETWEEN THE INJURY AND THE ABUSE OR INCEST; TO PROVIDE THAT PARENTAL IMMUNITY IS NOT A DEFENSE; TO PROVIDE THAT A LAWSUIT BASED ON ABUSE OR INCEST PREVIOUSLY BROUGHT AND BARRED BY THE STATUTE OF LIMITATIONS MAY BE BROUGHT WITHIN FOUR YEARS OF THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE SEVERABILITY PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    The 1976 Code is amended by adding:

    "Section 15-3-555.        (A)    An action to recover damages for injury to the 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 four 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."

SECTION    2.    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 four years from this act's effective date to bring an action based on that abuse or incest.

SECTION    3.    If any provision of this act or its application to any person is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable.

SECTION    4.    This act takes effect upon approval by the Governor.

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