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S. 806

STATUS INFORMATION

General Bill
Sponsors: Senators Sheheen, Campsen, Hutto, Leventis, Bryant, Grooms and Verdin
Document Path: l:\council\bills\ms\7361ahb05.doc

Introduced in the Senate on April 28, 2005
Currently residing in the Senate Committee on Judiciary

Summary: Alienation of affections

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/28/2005  Senate  Introduced and read first time SJ-4
   4/28/2005  Senate  Referred to Committee on Judiciary SJ-4
    5/9/2005  Senate  Referred to Subcommittee: Ritchie (ch), Rankin, Lourie, 
                        Scott

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/28/2005

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-30 SO AS TO CREATE A CAUSE OF ACTION FOR ALIENATION OF AFFECTIONS, TO PROVIDE THE ELEMENTS OF THE CAUSE OF ACTION, AND TO PROVIDE A DEFENSE TO THE CAUSE OF ACTION.

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

SECTION    1.    Chapter 75, Title 15 of the 1976 Code is amended by adding:

"Section 15-75-30.    (A)    A plaintiff may institute an action for damages for alienation of affections of the spouse when:

(1)    there is wrongful conduct by the defendant;

(2)    the plaintiff suffers loss of affection or consortium of the spouse; and

(3)    there is a direct causal connection between the defendant's wrongful conduct and the plaintiff's loss of affection or consortium of the spouse.

(B)    A defendant may not be held liable pursuant to the provisions of subsection (A) if it is determined by the court that the alienation or separation of the plaintiff and the spouse was caused by the plaintiff's own conduct and not by the wrongful conduct of the defendant. However, if the defendant then interferes and by his wrongful conduct prevents a reconciliation between the spouses, or destroys the possibility of a reconciliation, the defendant may be held liable in action pursuant to the provisions of subsection (A)."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor.

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