Bill 3861

                    Current Status

Bill Number:                       3861
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970409
Primary Sponsor:                   Haskins
All Sponsors:                      Haskins, Sharpe, Beck, R.
                                   Smith, Mason, Young-Brickell,
                                   Loftis, Campsen, Tripp, Bailey,
                                   Littlejohn, Simrill, Davenport,
                                   Witherspoon, Barrett, Leach,
                                   Limbaugh, Rodgers, Robinson, Gamble
                                   and Young 
Drafted Document Number:           kgh\15077ac.97
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Marriage between male under
                                   sixteen and female under fourteen
                                   void ab initio, Minors, Domestic
                                   Relations

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
Senate  19970501  Introduced, read first time,             11 SJ
                  referred to Committee
House   19970501  Read third time, sent to Senate
House   19970430  Read second time
House   19970430  Recalled from Committee                  25 HJ
House   19970409  Introduced, read first time,             25 HJ
                  referred to Committee

RECALLED

April 30, 1997

H. 3861

Introduced by Reps. Haskins, Sharpe, Beck, R. Smith, Mason, Young-Brickell, Loftis, Campsen, Tripp, Bailey, Littlejohn, Simrill, Davenport, Witherspoon, Barrett, Leach, Limbaugh, Rodgers, Robinson, Gamble and Young

S. Printed 4/30/97--H.

Read the first time April 9, 1997.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-100 SO AS TO PROVIDE THAT A MALE UNDER THE AGE OF SIXTEEN AND A FEMALE UNDER THE AGE OF FOURTEEN ARE NOT CAPABLE OF ENTERING INTO A VALID MARRIAGE AND THAT ANY SUCH MARRIAGE IS VOID AB INITIO; AND TO AMEND SECTION 16-3-658, AS AMENDED, RELATING TO EXCLUDING THE APPLICATION OF CRIMINAL SEXUAL CONDUCT OFFENSES TO ONE'S LEGAL SPOUSE, SO AS TO PROVIDE THAT THIS EXCLUSION DOES NOT APPLY TO PURPORTED MARRIAGES BETWEEN A MALE UNDER AGE SIXTEEN AND A FEMALE UNDER AGE FOURTEEN.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 20-1-100. No male under the age of sixteen and no female under the age of fourteen are capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a male under the age of sixteen or a female under the age of fourteen is void ab initio."

SECTION 2. Section 16-3-658 of the 1976 Code, as last amended by Act 139 of 1991, is further amended by adding at the end:

"This section is not applicable to a purported marriage entered into by a male under the age of sixteen or a female under the age of fourteen."

SECTION 3. This act takes effect upon approval by the Governor.