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COMMITTEE REPORT
May 9, 2001
H. 3131
S. Printed 5/9/01--S.
Read the first time March 6, 2001.
To whom was referred a Bill (H. 3131) 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, 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, page 1, beginning on line 36, in Section 15-3-550(1), as contained in SECTION 2, by striking lines 36 and 37 in their entirety and inserting therein the following:
/ (1) an action for libel, slander, assault, battery, alienation of affections, or false imprisonment; and /.
Amend the bill further, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Section 15-78-100 of the 1976 Code is amended to read:
"Section 15-78-100. (a) Except as provided for in Section 15-3-40, an action for damages under this chapter may be instituted at any time within two three years after the loss was or should have been discovered. Provided, that if a claim for damages was filed and disallowed or rejected an action for damages filed under this chapter, based upon the same occurrence as the claim, may be instituted within three years after the loss was or should have been discovered.
(b) Jurisdiction for any action brought under this chapter is in the circuit court and brought in the county in which the act or omission occurred.
(c) In all actions brought pursuant to this chapter when an alleged joint tortfeasor is named as party defendant in addition to the governmental entity, the trier of fact must return a special verdict specifying the proportion of monetary liability of each defendant against whom liability is determined."
SECTION ___. Section 15-78-110 of the 1976 Code is amended to read:
"Section 15-78-110. Except as provided for in Section 15-3-40, any action brought pursuant to this chapter is forever barred unless an action is commenced within two three years after the date the loss was or should have been discovered; provided, that if the claimant first filed a claim pursuant to this chapter then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss was or should have been discovered." /
Renumber sections to conform.
Amend title to conform.
MICHAEL L. FAIR for Committee.
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; 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.
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 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, 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. 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."
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.
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