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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 25, 2004
S. 774
S. Printed 3/25/04--S. [SEC 3/29/04 10:21 AM]
Read the first time January 13, 2004.
To whom was referred a Bill (S. 774) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
ROBERT L. WALDREP, JR. for Committee.
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.
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 thinks 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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