South Carolina General Assembly
125th Session, 2023-2024

Download This Bill in Microsoft Word Format

Indicates Matter Stricken
Indicates New Matter

H. 4304

STATUS INFORMATION

General Bill
Sponsors: Reps. Connell, Mitchell, Yow, Murphy, Elliott, Robbins, Collins, Pope and B. Newton
Document Path: LC-0141AHB23.docx

Introduced in the House on April 6, 2023
Introduced in the Senate on April 2, 2024
Currently residing in the House

Summary: Torts, loss of parental and filial consortium claims

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
4/6/2023 House Introduced and read first time (House Journal-page 13)
4/6/2023 House Referred to Committee on Judiciary (House Journal-page 13)
3/27/2024 House Committee report: Favorable Judiciary (House Journal-page 6)
3/28/2024 House Read second time (House Journal-page 44)
3/28/2024 House Roll call Yeas-102 Nays-0 (House Journal-page 44)
3/28/2024 House Unanimous consent for third reading on next legislative day (House Journal-page 45)
3/29/2024 House Read third time and sent to Senate (House Journal-page 4)
4/2/2024 Senate Introduced and read first time (Senate Journal-page 13)
4/2/2024 Senate Referred to Committee on Judiciary (Senate Journal-page 13)
4/23/2024 Senate Referred to Subcommittee: Hutto (ch), Adams, Garrett, Gustafson, Tedder
5/1/2024 Senate Committee report: Favorable with amendment Judiciary

View the latest legislative information at the website

VERSIONS OF THIS BILL

04/06/2023
03/27/2024
05/01/2024



Committee Report

May 01, 2024

 

H. 4304

 

Introduced by Reps. Connell, Mitchell, Yow, Murphy, Elliott, Robbins, Collins, Pope and B. Newton

 

S. Printed 05/01/24--S.

Read the first time April 02, 2024

 

________

 

The committee on Senate Judiciary

To whom was referred a Bill (H. 4304) to amend the South Carolina Code of Laws by adding Section 15-75-30 so as to permit parental and filial consortium claims, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 15-75-30(A) and (B) and inserting:

    (A) An unemancipated minor may maintain a civil action for damages from an intentional or tortious violation of the right to the companionship, aid, society, and services of his parent. Provided that such action shall not include any damages recovered prior thereto by the injured parent.

    (B) A parent or legal guardian of an unemancipated minor child may maintain a civil action for damages from an intentional or tortious violation of the right to companionship, aid, society, and services of his unemancipated minor.  Provided that such action shall not include any damages recovered prior thereto by the injured unemancipated minor.

 

Renumber sections to conform.

Amend title to conform.

 

LUKE RANKIN for Committee.

 

_______


 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 15-75-30 SO AS TO PERMIT PARENTAL AND FILIAL CONSORTIUM CLAIMS.

 

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

 

SECTION 1.  Chapter 75, Title 15 of the S.C. Code is amended by adding:

 

    Section 15-75-30.  (A) An unemancipated minor may maintain an action for damages from an intentional or tortious violation of the right to the companionship, aid, society, and services of his parent. Provided that such action shall not include any damages recovered prior thereto by the injured parent.

    (B) A parent or legal guardian of an unemancipated minor child may maintain an action for damages from an intentional or tortious violation of the right to companionship, aid, society, and services of his unemancipated minor.  Provided that such action shall not include any damages recovered prior thereto by the injured unemancipated minor.

 

SECTION 2.  This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on May 1, 2024 at 8:15 PM