Current Status Bill Number:
3632Ratification Number: 158Act Number: 104Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950216Primary Sponsor: JenningsAll Sponsors: Jennings, Harwell, Knotts, Klauber and ShissiasDrafted Document Number: GJK\21388SD.95Date Bill Passed both Bodies: 19950525Date of Last Amendment: 19950420Governor's Action: SDate of Governor's Action: 19950607Subject: Rules of Evidence
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19950607 Act No. A104 ------ 19950607 Signed by Governor ------ 19950606 Ratified R158 Senate 19950525 Read third time, enrolled for ratification Senate 19950511 Read second time, notice of general amendments Senate 19950510 Committee report: Favorable 11 SJ Senate 19950425 Introduced, read first time, 11 SJ referred to Committee House 19950421 Read third time, sent to Senate House 19950420 Unanimous consent for third reading on the next Legislative day House 19950420 Amended, read second time House 19950412 Committee report: Favorable 25 HJ House 19950216 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
(A104, R158, H3632)
AN ACT TO CONFORM CERTAIN PROVISIONS OF LAW TO THE NEW SOUTH CAROLINA RULES OF EVIDENCE WHICH TAKE EFFECT SEPTEMBER 3, 1995, BY AMENDING SECTION 15-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPUTATION TO A FEMALE OF A WANT OF CHASTITY SO AS TO DELETE REFERENCES TO THE RULES OF EVIDENCE AT COMMON LAW; BY AMENDING SECTION 19-11-30, AS AMENDED, RELATING TO THE COMPETENCY OF SPOUSES AS WITNESSES IN LEGAL PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR WHEN THERE IS A SPOUSAL PRIVILEGE; BY AMENDING SECTION 19-11-50, RELATING TO THE TESTIMONY OF A DEFENDANT IN CRIMINAL CASES, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE TESTIMONY OF A DEPENDENT IN A CRIMINAL CASE MAY BE USED; BY AMENDING SECTION 19-21-50, RELATING TO PROOF OF LOST PAPERS SO AS TO DELETE REFERENCES TO THE PROOF OF LOST PAPERS ACCORDING TO THE RULES OF EVIDENCE EXISTING AT COMMON LAW; BY AMENDING SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF A PERSON'S CIVIL RIGHTS UPON A PARDON, SO AS TO FURTHER PROVIDE FOR HIS RIGHT TO TESTIFY WITHOUT HAVING HIS CONVICTION INTRODUCED FOR IMPEACHMENT PURPOSES; AND BY REPEALING SECTIONS 19-1-40, 19-1-50, 19-5-410, 19-11-10, 19-11-25, 19-11-40, 19-11-60, AND 19-11-70 RELATING TO VARIOUS PROVISIONS OF LAW IN REGARD TO EVIDENTIARY MATTERS IN LEGAL PROCEEDINGS.
Be it enacted by the General Assembly of the State of South Carolina:
South Carolina Rules of Evidence
SECTION 1. (A) Pursuant to Article V, Section 4 of the Constitution of this State, the Supreme Court has promulgated the South Carolina Rules of Evidence governing evidentiary matters in the courts of this State to be effective September 3, 1995. Pursuant to Article V, Section 4A of the Constitution and pursuant to Section 14-3-950 of the 1976 Code, the South Carolina Rules of Evidence were submitted by the Supreme Court to the respective Judiciary Committees of each House in January, 1995, and shall take effect as specified in such rules ninety days after submission unless disapproved by concurrent resolution of the General Assembly, with the concurrence of three-fifths of the members of each House present and voting.
(B) The General Assembly has determined that various provisions of law in conflict with the South Carolina Rules of Evidence should be conformed or repealed, and it is the intent of the General Assembly in this act to so conform or repeal these conflicting provisions of law.
Reference to common law deleted
SECTION 2. Section 15-75-10 of the 1976 Code is amended to read:
"Section 15-75-10. If any person shall utter and publish, either by writing or verbally, any words of and concerning any female imputing to her a want of chastity, the person so uttering and publishing such words shall be liable for damages in a civil action brought by the female of whom the words may be uttered and published, without proving any special damage, subject, nevertheless, to the rules of evidence."
SECTION 3. Section 19-11-30 of the 1976 Code, as last amended by Act 412 of 1992, is further 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, 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 child abuse or neglect, the death of a child, criminal sexual conduct involving a minor, or the commission or attempt to commit a lewd act upon a minor."
Use of criminal defendant's testimony
SECTION 4. Section 19-11-50 of the 1976 Code is amended to read:
"Section 19-11-50. The testimony of a defendant in a criminal case shall not be afterwards used against the defendant in any other criminal case, except upon an indictment for perjury founded on that testimony."
Reference to common law deleted
SECTION 5. Section 19-21-50 of the 1976 Code is amended to read:
"Section 19-21-50. Nothing herein contained shall prevent anyone from establishing on the trial of any cause any lost papers, according to the rules of evidence."
Reference to Rules of Evidence
SECTION 6. Section 24-21-990(5) of the 1976 Code is amended to read:
"(5) testify without having the fact of his conviction introduced for impeachment purposes to the extent provided by Rule 609(c) of the South Carolina Rules of Evidence;"
SECTION 7. Sections 19-1-40, 19-1-50, 19-5-410, 19-11-10, 19-11-25, 19-11-40, 19-11-60, and 19-11-70 of the 1976 Code are repealed.
SECTION 8. In event of a conflict between any provision of the South Carolina Rules of Evidence and any other statutory provisions of law relating to evidentiary matters not amended or repealed in this act, the provision of the rules shall control. However, neither the promulgation of the rules nor this act may be construed to affect the substantive legal rights of any party to any litigation or proceeding in the courts of this State but shall affect only evidentiary matters in such proceedings.
SECTION 9. This act takes effect on September 3, 1995.
Approved the 7th day of June, 1995.