South Carolina General Assembly
109th Session, 1991-1992

Bill 4650


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    4650
Primary Sponsor:                Wilkins
Type of Legislation:            GB
Subject:                        Absolute privilege against
                                compelled testimony
Residing Body:                  House
Companion Bill Number:          1431
Computer Document Number:       BR1/2042.AC
Introduced Date:                Apr 01, 1992
Last History Body:              House
Last History Date:              Jun 04, 1992
Last History Type:              Debate adjourned
Scope of Legislation:           Statewide
All Sponsors:                   Wilkins
                                Baxley
                                Hodges
                                Harrison
                                Wilder
                                Beasley
                                Rogers
                                T.C. Alexander
                                Snow
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4650  House   Jun 04, 1992  Debate adjourned
 4650  House   Jun 03, 1992  Debate adjourned until
                             Thursday, June 4, 1992
 4650  House   Jun 02, 1992  Objection withdrawn by
                             Representative
 4650  House   Jun 02, 1992  Objection withdrawn by
                             Representative
 4650  House   Jun 02, 1992  Objection withdrawn by
                             Representative
 4650  House   May 21, 1992  Objection by Representative
 4650  House   May 21, 1992  Objection withdrawn by
                             Representative
 4650  House   May 20, 1992  Objection by Representative
 4650  House   May 19, 1992  Debate adjourned until
                             Wednesday, May 20, 1992
 4650  House   May 14, 1992  Debate interrupted
 4650  House   May 13, 1992  Debate adjourned until
                             Thursday, May 14, 1992
 4650  House   May 12, 1992  Debate adjourned until
                             Wednesday, May 13, 1992
 4650  House   May 07, 1992  Debate adjourned until
                             Tuesday, May 12, 1992
 4650  House   Apr 28, 1992  Recalled from Committee         25
 4650  House   Apr 01, 1992  Introduced, read first time,    25
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

RECALLED

April 28, 1992

H. 4650

Introduced by REPS. Wilkins, Baxley, Hodges, Harrison, Wilder, Beasley, Rogers, T.C. Alexander and Snow

S. Printed 4/28/92--H.

Read the first time April 1, 1992.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO CREATE AN ABSOLUTE PRIVILEGE AGAINST COMPELLED TESTIMONY AND PRODUCTION OF DOCUMENTS FOR A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS FOR THE PUBLIC WHEN SOURCES OF THE INFORMATION HAVE BEEN ASSURED CONFIDENTIALITY AND TO CREATE A QUALIFIED PRIVILEGE WHEN CONFIDENTIALITY HAS NOT BEEN ASSURED AND CERTAIN CRITERIA ARE MET.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 19-11-100. (A) A person, company, or entity engaged in or that has been engaged in the gathering and dissemination of news for the public through a newspaper, book, magazine, radio, television, news or wire service, or other medium has a privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any judicial, legislative, or administrative proceeding in which the compelled disclosure is sought and where the one asserting the privilege is not a party to the proceeding.

(B) The privilege is absolute, and no disclosure may be compelled of the identity of sources or information or material provided by sources where the person or entity from whom compelled disclosure is sought provides an affidavit that states that the sources have been given an assurance of confidentiality by the person, company, or entity engaged in the gathering and dissemination of news.

(C) When no assurance of confidentiality has been given as provided for in subsection (B), the privilege against compelled testimony or production is qualified, and the person, company, or other entity may not be compelled to disclose any information or document or produce any item obtained or prepared in the gathering or dissemination of news unless it is shown that this privilege has been knowingly and intentionally relinquished in response to a request for disclosure or a party seeking to compel the testimony or production produces evidence to establish that what is sought:

(1) is material and highly relevant to the controversy for which the testimony or production is sought;

(2) cannot be obtained by alternative means; and

(3) is vital to the proper preparation or presentation of the case of a party seeking the information, document, or item.

(D) Publication of any information, document, or item obtained in the gathering and dissemination of news does not constitute a waiver of the privilege against compelled disclosure provided for in this section."

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

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