A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 15-3-555, RELATING TO the STATUTE OF LIMITATIONS FOR ACTIONs BASED ON SEXUAL ABUSE OR INCEST, SO AS TO PROVIDE THAT, FOR PURPOSES OF CLAIMS AGAINST A BANKRUPTCY ESTATE, AN ACTION BROUGHT BY A VICTIM OF CHILDHOOD SEXUAL ABUSE MAY BE BROUGHT AT ANY TIME AFTER THE CAUSE OF ACTION ACCRUES.

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

SECTION 1.  Section 15-3-555 of the S.C. Code is amended to read:

    Section 15-3-555.  (A) An Except as provided in subsection (C), 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.

    (C)(1) For purposes of making a claim against a bankruptcy estate, an action for sexual abuse brought by a victim of childhood sexual abuse, or an action brought by a victim of childhood sexual abuse asserting any claim resulting from childhood sexual abuse, may be brought at any time after the cause of action accrues.

       (2) For purposes of this subsection, "childhood sexual abuse" means any conduct that constitutes a violation of any of the offenses described in Articles 7 and 8, Chapter 3, Title 16, if the victim of the violation is at the time of the violation a minor under eighteen years of age or a child with a developmental disability or physical impairment under twenty-one years of age. The court need not find that any person has been convicted of or pleaded guilty to an offense described in Articles 7 and 8, Chapter 3, Title 16, in order for the conduct that is the violation constituting the offense to be childhood sexual abuse for purposes of this section.

SECTION 2.  This act takes effect upon approval by the Governor.

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