South Carolina General Assembly
116th Session, 2005-2006

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H. 4289

STATUS INFORMATION

General Bill
Sponsors: Reps. McGee, Altman, Battle and Coates
Document Path: l:\council\bills\ms\7002ahb06.doc

Introduced in the House on January 10, 2006
Introduced in the Senate on March 1, 2006
Last Amended on February 28, 2006
Currently residing in the Senate Committee on Judiciary

Summary: Slander or libel

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  11/16/2005  House   Prefiled
  11/16/2005  House   Referred to Committee on Judiciary
   1/10/2006  House   Introduced and read first time HJ-17
   1/10/2006  House   Referred to Committee on Judiciary HJ-18
   2/22/2006  House   Committee report: Favorable with amendment Judiciary HJ-4
   2/28/2006  House   Amended HJ-15
   2/28/2006  House   Read second time HJ-16
    3/1/2006  House   Read third time and sent to Senate HJ-9
    3/1/2006  Senate  Introduced and read first time SJ-21
    3/1/2006  Senate  Referred to Committee on Judiciary SJ-21
    3/8/2006  Senate  Referred to Subcommittee: Hutto (ch), Jackson, Knotts, 
                        Bryant

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

11/16/2005
2/22/2006
2/28/2006

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED

February 28, 2006

H. 4289

Introduced by Reps. McGee, Altman, Battle and Coates

S. Printed 2/28/06--H.

Read the first time January 10, 2006.

            

A BILL

TO AMEND SECTION 16-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SLANDER AND LIBEL, SO AS TO DELETE THE MALICIOUS INTENT STANDARD AND PROVIDE FOR AN ACTUAL MALICE STANDARD REQUIRING KNOWLEDGE THAT A STATEMENT IS FALSE OR MADE WITH RECKLESS DISREGARD FOR WHETHER THE STATEMENT IS FALSE.

Amend Title To Conform

SECTION    1.    Section 16-7-150 of the 1976 Code is repealed.

SECTION 2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 3.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    4.    This act takes effect upon approval by the Governor.

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