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Indicates Matter Stricken
Indicates New Matter
S. 774
STATUS INFORMATION
General Bill
Sponsors: Senators McConnell, Martin and Giese
Document Path: l:\s-jud\bills\mcconnell\jud0106.gfm.doc
Introduced in the Senate on January 13, 2004
Introduced in the House on April 13, 2004
Last Amended on April 6, 2004
Currently residing in the House Committee on Judiciary
Summary: Wrongful death cases, distribution of proceeds, minors
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/9/2003 Senate Prefiled 12/9/2003 Senate Referred to Committee on Judiciary 1/13/2004 Senate Introduced and read first time SJ-18 1/13/2004 Senate Referred to Committee on Judiciary SJ-18 3/25/2004 Senate Committee report: Favorable Judiciary SJ-5 3/29/2004 Scrivener's error corrected 4/6/2004 Senate Amended SJ-15 4/6/2004 Senate Read second time SJ-15 4/6/2004 Senate Ordered to third reading with notice of amendments SJ-15 4/7/2004 Senate Read third time and sent to House SJ-24 4/13/2004 House Introduced and read first time HJ-13 4/13/2004 House Referred to Committee on Judiciary HJ-13
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/9/2003
3/25/2004
3/29/2004
4/6/2004
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 6, 2004
S. 774
S. Printed 4/06/04--S.
Read the first time January 13, 2004.
TO AMEND SECTION 15-51-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHOM DAMAGES ARE PAYABLE IN WRONGFUL DEATH CASES, SO AS TO CLARIFY A CODE CITATION AND TO PROVIDE THAT A PARENT'S SHARE OF THE PROCEEDS MAY BE DENIED OR LIMITED WHEN THE PARENT DID NOT PAY CHILD SUPPORT OR DID NOT OTHERWISE PROVIDE FOR THE NEEDS OF THE DECEDENT DURING HIS OR HER MINORITY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-51-40 of the 1976 Code is amended to read:
"Section 15-51-40. In every such action, the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice, as they may think proportioned the jury finds proportionate to the injury resulting from the death to the parties respectively for whom and for whose benefit such the action shall be is brought. The amount so recovered shall must be divided among the before-mentioned parties in those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his or her the decedent's estate. However, upon motion by either parent or any other party of potential interest based upon the decedent having died intestate, the probate court may deny or limit either or both parent's entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent as defined in pursuant to Section 20-7-40 and 20-7-90 or did not otherwise provide for the needs of the decedent during his or her minority. A conviction under Section 20-7-90 is not required before the court may deny or limit a share of the proceeds to a non-supporting parent under this section."
SECTION 2. This act takes effect upon approval by the Governor and applies to causes of action for wrongful death arising or accruing on and after the effective date.
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