Current Status Introducing Body:House Bill Number:3419 Ratification Number:210 Act Number:140 Primary Sponsor:Huff Type of Legislation:GB Subject:Genetic testing Companion Bill Number:583 Date Bill Passed both Bodies:Jun 05, 1991 Computer Document Number:3419 Governor's Action:S Date of Governor's Action:Jun 12, 1991 Introduced Date:Feb 05, 1991 Date of Last Amendment:May 30, 1991 Last History Body:------ Last History Date:Jun 12, 1991 Last History Type:Act No. 140 Scope of Legislation:Statewide All Sponsors:Huff Hodges Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3419 ------ Jun 12, 1991 Act No. 140
3419 ------ Jun 12, 1991 Signed by Governor
3419 ------ Jun 06, 1991 Ratified R 210
3419 House Jun 05, 1991 Concurred in Senate
amendment, enrolled for
ratification
3419 Senate May 31, 1991 Read third time, returned
with amendment
3419 Senate May 30, 1991 Amended, read second time,
unanimous consent for third
reading on Friday, May 31
3419 Senate May 22, 1991 Committee Report: Favorable 11
with amendment
3419 Senate Mar 07, 1991 Introduced, read first time, 11
referred to Committee
3419 House Mar 06, 1991 Read third time, sent to
Senate
3419 House Mar 05, 1991 Amended, read second time
3419 House Feb 27, 1991 Committee Report: Favorable 25
with amendment
3419 House Feb 05, 1991 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
(A140, R210, H3419)
AN ACT TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO PROVIDE THAT GENETIC TESTING IS REQUIRED IN ALL CHILD SUPPORT CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT AND PROVIDE WHEN GENETIC TESTING IS DONE WHEN THESE CASES ARE NOT ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Genetic testing
SECTION 1. Section 20-7-954(B) of the 1976 Code, as last amended by Act 562 of 1990, is further amended to read:
"(B) For all child support cases administered under Title IV-D of the Social Security Act, the child and all other parties in a contested paternity case, upon the request of any party to the action, must be ordered by the court to submit to the genetic testing, as provided for in subsection (A), to determine paternity. This testing is not required where the individual involved has good cause for failing to cooperate pursuant to the provisions of Section 402(a)(26)(B) of the Social Security Act or where the court determines that paternity has been previously established by operation of law or judicial finding of fact."
Conditions under which genetic testing not required
SECTION 2. Section 20-7-954(C) of the 1976 Code is amended to read:
"(C) For all child support cases not administered under Title IV-D of the Social Security Act, the child and all parties in a contested paternity case, upon the request of any party to the action, must be ordered by the court to submit to the genetic testing, as provided for in subsection (A), to determine paternity. This testing is not required where the court determines that good cause, including the presumption of legitimacy, not to order the test exists or where the court determines that paternity has been established previously by operation of law or judicial finding of fact."
Orders enforceable by contents
SECTION 3. Section 20-7-954 of the 1976 Code is amended by adding:
"(D) Any order issued under this section is enforceable by contempt."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1991.