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Current Status Bill Number:View additional legislative information at the LPITS web site.615 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990317 Primary Sponsor:Cork All Sponsors:Cork Drafted Document Number:l:\s-res\hac\002civi.whb.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Civil actions, assault and battery actions to be commenced within three years; Courts, Torts, Crimes and Offenses History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990317 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 15-3-530 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ASSAULT AND BATTERY IS SUBJECT TO A THREE-YEAR STATUTE OF LIMITATIONS, AND TO AMEND SECTION 15-3-550, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ASSAULT AND BATTERY IS DELETED FROM THE LIST OF CAUSES OF ACTION SUBJECT TO A TWO-YEAR LIMIT ON ACTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-3-530 of the 1976 Code is amended to read:
"Section 15-3-530. Within three years The following causes of action must be initiated within three years from the date the person knew or by the exercise of reasonable diligence should have known that he or she had a cause of action:
(1) an action upon a contract, obligation, or liability, express or implied, excepting those provided for in Section 15-3-520;
(2) an action upon a liability created by statute other than a penalty or forfeiture;
(3) an action for trespass upon or damage to real property;
(4) an action for taking, detaining, or injuring any goods or chattels including an action for the specific recovery of personal property;
(5) an action for any injury to the person or rights of another, not arising on contract and not enumerated by law, assault and battery, and those provided for in Section 15-3-545;
(6) an action under Sections 15-51-10 to 15-51-60 for death by wrongful act, the period to begin to run upon the death of the person on account of whose death the action is brought;
(7) any action for relief on the ground of fraud in cases which prior to the adoption of the Code of Civil Procedure in 1870 were solely cognizable by the court of chancery, the cause of action in the case not considered to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;
(8) an action on any policy of insurance, either fire or life, whereby any person or property, resident or situate in this State, may be or may have been insured, or for or on account of any loss arising under the policy, any clause, condition, or limitation contained in the policy to the contrary notwithstanding; and
(9) an action against directors or stockholders of a monied corporation or a banking association to recover a penalty or forfeiture imposed or to enforce a liability created by law, the cause of action in the case not considered to have accrued until the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached or the liability was created, unless otherwise provided in the law under which the corporation is organized."
SECTION 2. Section 15-3-550 of the 1976 Code is amended to read:
"Section 15-3-550. Within two years The following causes of action must be initiated within two years from the date the person knew or by the exercise of reasonable diligence should have known that he or she had a cause of action:
(1) an action for libel, slander, assault, battery, alienation of affections, or false imprisonment; and
(2) an action upon a statute for a forfeiture or penalty to the State."
SECTION 3. This act takes effect upon approval by the Governor.
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