Committee Report

May 01, 2024

 

H. 4304

 

Introduced by Reps. Connell, Mitchell, Yow, Murphy, Elliott, Robbins, Collins, Pope and B. Newton

 

S. Printed 05/01/24--S.

Read the first time April 02, 2024

 

________

 

The committee on Senate Judiciary

To whom was referred a Bill (H. 4304) to amend the South Carolina Code of Laws by adding Section 15-75-30 so as to permit parental and filial consortium claims, etc., respectfully

Report:

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

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 15-75-30(A) and (B) and inserting:

    (A) An unemancipated minor may maintain a civil action for damages from an intentional or tortious violation of the right to the companionship, aid, society, and services of his parent. Provided that such action shall not include any damages recovered prior thereto by the injured parent.

    (B) A parent or legal guardian of an unemancipated minor child may maintain a civil action for damages from an intentional or tortious violation of the right to companionship, aid, society, and services of his unemancipated minor.  Provided that such action shall not include any damages recovered prior thereto by the injured unemancipated minor.

 

Renumber sections to conform.

Amend title to conform.

 

LUKE RANKIN for Committee.

 

_______

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 15-75-30 SO AS TO PERMIT PARENTAL AND FILIAL CONSORTIUM CLAIMS.

 

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

 

SECTION 1.  Chapter 75, Title 15 of the S.C. Code is amended by adding:

 

    Section 15-75-30.  (A) An unemancipated minor may maintain an action for damages from an intentional or tortious violation of the right to the companionship, aid, society, and services of his parent. Provided that such action shall not include any damages recovered prior thereto by the injured parent.

    (B) A parent or legal guardian of an unemancipated minor child may maintain an action for damages from an intentional or tortious violation of the right to companionship, aid, society, and services of his unemancipated minor.  Provided that such action shall not include any damages recovered prior thereto by the injured unemancipated minor.

 

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

----XX----