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COMMITTEE REPORT
April 25, 2001
S. 234
Introduced by Senators Hawkins, Jackson, Hayes, Short, Giese, Holland, Courson and Fair
S. Printed 4/25/01--S.
Read the first time January 30, 2001.
To whom was referred a Bill (S. 234) 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, 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, by striking all after the enacting words and inserting therein the following:
/ 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 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. /
Renumber sections to conform.
Amend title to conform.
JOHN DAVID HAWKINS for Committee.
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.
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 statement made by a child less than fourteen years of age that describes an act of sexual contact or physical abuse performed with or on the child by another person, or performed with or on another person in the presence of the child, is admissible as evidence through the testimony of a person to whom the statement was made, if the child is available to testify in the proceeding and the court finds that the circumstances concerning the statement provide that the witness is reliable."
SECTION 2. This act takes effect upon approval by the Governor.
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