Current Status Bill Number:3204 Ratification Number:248 Act Number:234 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:Limbaugh All Sponsors:Limbaugh, McKay, Harrison and Huff Drafted Document Number:PT\1595SD.95 Date Bill Passed both Bodies:19960221 Date of Last Amendment:19960208 Governor's Action:S Date of Governor's Action:19960304 Subject:Disability, statute of limitations
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960313 Act No. A234 ------ 19960304 Signed by Governor ------ 19960227 Ratified R248 House 19960221 Concurred in Senate amendment, enrolled for ratification Senate 19960213 Read third time, returned to House with amendment Senate 19960208 Amended, read second time Senate 19960207 Committee report: Favorable with 11 SJ amendment Senate 19950222 Introduced, read first time, 11 SJ referred to Committee House 19950221 Read third time, sent to Senate House 19950216 Amended, read second time House 19950215 Committee report: Favorable with 25 HJ amendment House 19950110 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
(A234, R248, H3204)
AN ACT TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CERTAIN CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, AND SECTION 15-3-370, RELATING TO THE STATUTE OF LIMITATIONS ON REAL PROPERTY ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
Exception for imprisoned persons deleted
SECTION 1. Section 15-3-40 of the 1976 Code, as last amended by Act 352 of 1988, is further amended to read:
"Section 15-3-40. If a person entitled to bring an action mentioned in Article 5 of this chapter or an action under Chapter 78 of this title, except for a penalty or forfeiture or against a sheriff or other officer for an escape, is at the time the cause of action accrued either:
(1) within the age of eighteen years; or
(2) insane;
the time of the disability is not a part of the time limited for the commencement of the action, except that the period within which the action must be brought cannot be extended:
(a) more than five years by any such disability, except infancy; nor
(b) in any case longer than one year after the disability ceases."
Exception for imprisoned persons deleted
SECTION 2. Section 15-3-370 of the 1976 Code is amended to read:
"Section 15-3-370. If a person entitled to commence any action for the recovery of real property, or make an entry or defense founded on the title to real property or to rents or services out of the same is, at the time the title shall first descend or accrue, either:
(1) within the age of eighteen years; or
(2) insane;
the time during which the disability shall continue shall not be considered any portion of the time in this article limited for the commencement of the action or the making of the entry or defense, but the action may be commenced or entry or defense made after the period of ten years and within ten years after the disability shall cease or after the death of the person entitled who shall die under the disability. But the action shall not be commenced or entry or defense made after that period."
Time effective
SECTION 3. This act takes effect upon approval by the Governor and applies to causes of action accruing on or after July 1, 1996.
Approved the 4th day of March, 1996.