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3287Ratification Number: 486Act Number: 439Introducing Body: HouseSubject: Relating to the competency of a husband or wife of a party to a legal proceeding to testify or give evidence
(A439, R486, H3287)
AN ACT TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE OF A PARTY TO A LEGAL PROCEEDING TO TESTIFY OR GIVE EVIDENCE, SO AS TO REQUIRE A HUSBAND OR WIFE TO DISCLOSE INFORMATION GIVEN TO THEM BY THE OTHER DURING THEIR MARRIAGE WHERE THE PROCEEDING CONCERNS OR IS BASED ON CRIMINAL SEXUAL CONDUCT INVOLVING A MINOR OR ATTEMPTING TO COMMIT A LEWD ACT UPON A MINOR.
Be it enacted by the General Assembly of the State of South Carolina:
Competency of husband or wife to testify
SECTION 1. Section 19-11-30 of the 1976 Code is amended to read:
"Section 19-11-30. In any trial or inquiry in any suit, action, or proceeding in any court or before any person having, by law or consent of the parties, authority to examine witnesses or hear evidence the husband or wife of any party thereto or of any person in whose behalf the suit, action, or proceeding is brought, prosecuted, opposed, or defended is, except as hereinafter stated, competent and compellable to give evidence, the same as any other witness, on behalf of any party to the suit, action, or proceeding. However no husband or wife may be required to disclose any confidential or, in a criminal proceeding, any communication made by one to the other during their marriage.
Notwithstanding the above provisions, a husband or wife is required to disclose any communication, confidential or otherwise, made by one to the other during their marriage where the suit, action, or proceeding concerns or is based on criminal sexual conduct involving a minor or the commission or attempting to commit a lewd act upon a minor."
SECTION 2. This act shall take effect upon approval by the Governor.