Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Sponsors: Rep. Cole
Document Path: l:\council\bills\ggs\22588vr14.docx
Companion/Similar bill(s): 443, 915, 3854
Introduced in the House on January 14, 2014
Currently residing in the House Committee on Judiciary
Summary: Admissibility of out of court statements
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/14/2014 House Introduced and read first time (House Journal-page 76) 1/14/2014 House Referred to Committee on Judiciary (House Journal-page 76)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS MADE BY CHILDREN UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD AN EXCEPTION FOR STATEMENTS MADE TO AN EMPLOYEE OR AGENT OF CHILDREN'S ADVOCACY CENTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 19-1-180(G) of the 1976 Code, as last amended by Act 481 of 1992, is further amended to read:
"(G) If the parents of the child are separated or divorced, the hearsay statement
shall be is inadmissible if:
(1) one of the parents is the alleged perpetrator of the alleged abuse or neglect; and
(2) the allegation was made after the parties separated or divorced.
Notwithstanding this subsection, a statement alleging abuse or neglect made by a child to a law enforcement official, an officer of the court, a licensed family counselor or therapist, a physician or other health care provider, a teacher, a school counselor, a Department of Social Services staff member,
or to a child care worker in a regulated child care facility, or an employee or agent of one of the Children's Advocacy Centers in this State, as established by Article 3, Chapter 11, Title 63, is admissible under pursuant to this section."
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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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.
This web page was last updated on January 21, 2014 at 9:16 AM