Current Status Introducing Body:House Bill Number:4650 Primary Sponsor:Wilkins Type of Legislation:GB Subject:Absolute privilege against compelled testimony Residing Body:House Companion Bill Number:1431 Computer Document Number:BR1/2042.AC Introduced Date:Apr 01, 1992 Last History Body:House Last History Date:Jun 04, 1992 Last History Type:Debate adjourned Scope of Legislation:Statewide All Sponsors:Wilkins Baxley Hodges Harrison Wilder Beasley Rogers T.C. Alexander Snow Type of Legislation:General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 4650 House Jun 04, 1992 Debate adjourned 4650 House Jun 03, 1992 Debate adjourned until Thursday, June 4, 1992 4650 House Jun 02, 1992 Objection withdrawn by Representative 4650 House Jun 02, 1992 Objection withdrawn by Representative 4650 House Jun 02, 1992 Objection withdrawn by Representative 4650 House May 21, 1992 Objection by Representative 4650 House May 21, 1992 Objection withdrawn by Representative 4650 House May 20, 1992 Objection by Representative 4650 House May 19, 1992 Debate adjourned until Wednesday, May 20, 1992 4650 House May 14, 1992 Debate interrupted 4650 House May 13, 1992 Debate adjourned until Thursday, May 14, 1992 4650 House May 12, 1992 Debate adjourned until Wednesday, May 13, 1992 4650 House May 07, 1992 Debate adjourned until Tuesday, May 12, 1992 4650 House Apr 28, 1992 Recalled from Committee 25 4650 House Apr 01, 1992 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
RECALLED
April 28, 1992
H. 4650
Introduced by REPS. Wilkins, Baxley, Hodges, Harrison, Wilder, Beasley, Rogers, T.C. Alexander and Snow
S. Printed 4/28/92--H.
Read the first time April 1, 1992.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO CREATE AN ABSOLUTE PRIVILEGE AGAINST COMPELLED TESTIMONY AND PRODUCTION OF DOCUMENTS FOR A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS FOR THE PUBLIC WHEN SOURCES OF THE INFORMATION HAVE BEEN ASSURED CONFIDENTIALITY AND TO CREATE A QUALIFIED PRIVILEGE WHEN CONFIDENTIALITY HAS NOT BEEN ASSURED AND CERTAIN CRITERIA ARE MET.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 19-11-100. (A) A person, company, or entity engaged in or that has been engaged in the gathering and dissemination of news for the public through a newspaper, book, magazine, radio, television, news or wire service, or other medium has a privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any judicial, legislative, or administrative proceeding in which the compelled disclosure is sought and where the one asserting the privilege is not a party to the proceeding.
(B) The privilege is absolute, and no disclosure may be compelled of the identity of sources or information or material provided by sources where the person or entity from whom compelled disclosure is sought provides an affidavit that states that the sources have been given an assurance of confidentiality by the person, company, or entity engaged in the gathering and dissemination of news.
(C) When no assurance of confidentiality has been given as provided for in subsection (B), the privilege against compelled testimony or production is qualified, and the person, company, or other entity may not be compelled to disclose any information or document or produce any item obtained or prepared in the gathering or dissemination of news unless it is shown that this privilege has been knowingly and intentionally relinquished in response to a request for disclosure or a party seeking to compel the testimony or production produces evidence to establish that what is sought:
(1) is material and highly relevant to the controversy for which the testimony or production is sought;
(2) cannot be obtained by alternative means; and
(3) is vital to the proper preparation or presentation of the case of a party seeking the information, document, or item.
(D) Publication of any information, document, or item obtained in the gathering and dissemination of news does not constitute a waiver of the privilege against compelled disclosure provided for in this section."
SECTION 2. This act takes effect upon approval by the Governor.