South Carolina General Assembly
121st Session, 2015-2016

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Bill 177

Indicates Matter Stricken
Indicates New Matter

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

COMMITTEE REPORT

February 25, 2015

S. 177

Introduced by Senators L. Martin, Hembree and Campsen

S. Printed 2/25/15--H.

Read the first time February 4, 2015.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 177) to amend the Code of Laws of South Carolina, 1976, by adding Section 19-5-520 so as to provide a procedure for the certification of domestic and foreign records, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

F. GREGORY DELLENEY, JR. for Committee.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-5-520 SO AS TO PROVIDE A PROCEDURE FOR THE CERTIFICATION OF DOMESTIC AND FOREIGN RECORDS OF REGULARLY CONDUCTED ACTIVITY, OR BUSINESS RECORDS, IN ACCORDANCE WITH FEDERAL RULE 902(11) AND (12).

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 9, Chapter 5, Title 19 of the 1976 Code is amended by adding:

"Section 19-5-520.    In addition to those matters provided by Rule 902, South Carolina Rules of Evidence, extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(A)    The original or a copy of a domestic record that meets the requirements of Rule 803(6), South Carolina Rules of Evidence, as shown by a certification of the custodian or another qualified person that complies with a state statute or a court rule. Before the trial or hearing, the proponent shall give an adverse party reasonable written notice of the intent to offer the record and shall make the record and certification available for inspection so that the party has a fair opportunity to challenge the record.

(B)    In a civil case, the original or a copy of a foreign record that is certified by the custodian or another qualified person and otherwise meets the requirements of subsection (A), modified as follows: the certification, rather than complying with a state statute or court rule, must be signed in a manner that, if falsely made, would subject the maker to a criminal penalty in the jurisdiction where the certification is signed. The proponent also shall meet the notice requirements of subsection (A)."

SECTION    2.    This act takes effect upon approval by the Governor.

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