Current Status Bill Number:4117 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970507 Primary Sponsor:Bowers All Sponsors:Bowers Drafted Document Number:psd\7311ac.97 Companion Bill Number:728 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Spouse, loss of companionship, loss of parental consortium provided; Domestic Relations, Torts
Body Date Action Description Com Leg Involved
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House 19970507 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 15-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOSS OF COMPANIONSHIP OF A SPOUSE, SO AS TO PROVIDE FOR LOSS OF PARENTAL CONSORTIUM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-75-20 of the 1976 Code is amended to read:
"Section 15-75-20. (A) Any A person may maintain an action for damages arising from an intentional or, tortious violation of the right to the companionship, aid, society, and services of his or her spouse. Provided, that such However, the action shall may not include any damages previously recovered prior thereto by the injured spouse.
This section shall not be retroactive but shall be effective only on cause of action arising after June 25, 1969.
(B) A child who is seventeen years of age or younger or a permanently handicapped or incapacitated child may maintain an action for damages arising from an intentional, tortious interference of the parent-child relationship caused by a severe, serious, and permanent physical or mental injury to the parent. However, the child must have been dependent upon the parent for economic, emotional, and societal support before and at the time of the tortious interference of the relationship.
An action under this subsection must be brought at the same time as other actions arising from the injury."
SECTION 2. Section 15-75-20(B) of this act applies to actions arising after its effective date.
SECTION 3. This act takes effect upon approval by the Governor.