South Carolina General Assembly
115th Session, 2003-2004

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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

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

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 6, 2004

S. 774

Introduced by Senators McConnell, Martin and Giese

S. Printed 4/06/04--S.

Read the first time January 13, 2004.

            

A BILL

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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