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S. 118

STATUS INFORMATION

General Bill
Sponsors: Senator Elliott
Document Path: l:\council\bills\ms\7062ahb07.doc

Introduced in the Senate on January 9, 2007
Currently residing in the Senate Committee on Judiciary

Summary: Slander or libel

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/6/2006  Senate  Prefiled
   12/6/2006  Senate  Referred to Committee on Judiciary
    1/9/2007  Senate  Introduced and read first time SJ-77
    1/9/2007  Senate  Referred to Committee on Judiciary SJ-77
   1/17/2007  Senate  Referred to Subcommittee: Hawkins (ch), Sheheen, Lourie, 
                        Vaughn

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/6/2006

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-7-155 SO AS TO DEFINE THE TERMS "ACTUAL MALICE" AND "CANDIDATE FOR PUBLIC OFFICE", TO CREATE THE OFFENSE OF SLANDER OR LIBEL OF A CANDIDATE FOR PUBLIC OFFICE, AND TO PROVIDE A PENALTY FOR THE OFFENSE.

SECTION    1.    Article 3, Chapter 7, Title 16 of the 1976 Code is amended by adding:

"Section 16-7-155.    (A)    For the purposes of this section:

(1)    'Actual malice' means with knowledge that the statement is false or with reckless disregard of whether it is false or not.

(2)    'Candidate for public office' means a person who seeks election to a state or local office from the time of filing through the date of the election. 'Candidate for public office' does not include a person who seeks appointment to a state or local office.

(B)    A person who, with actual malice, intentionally originates, utters, circulates, or publishes a false statement or matter concerning a candidate for public office, which tends to injure the character or reputation of the candidate for public office, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not less than one year nor more than five years, or both. The criminal penalty provided in this section does not preclude another civil penalty that may be provided by law."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor.

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