Senate: Devine

Attorney: Moffitt

Drafting Assistant: Warner

Date: December 11, 2024

DOC. ID.: /SENATE RESEARCH/KM/DRAFTS/SR-0133KM25/SR-0133KM25.DOCX

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 15-3-555, RELATING TO STATUTE OF LIMITATIONS FOR ACTION BASED ON SEXUAL ABUSE OR INCEST, SO AS TO EXTEND THE TIME WITHIN WHICH AN ACTION TO RECOVER DAMAGES FOR SEXUAL ASSAULT, SEXUAL ABUSE, OR INCEST MAY COMMENCE; AND BY AMENDING SECTION 15-78-110, RELATING TO STATUTE OF LIMITATIONS, SO AS TO MAKE CONFORMING CHANGES.

 

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

 

SECTION 1.  Section 15-3-555 of the S.C. Code is amended to read:

 

    Section 15-3-555.  (A) An action to recover damages for injury to a person arising out of an act of sexual abuse or incest must be commenced within six years afterbefore the person becomes twenty-onefifty-nine years of age or within three eight years from the time of discovery by the person of the injury and the causal relationship between the injury and the sexual assault, sexual abuse, or incest, whichever occurs later.

    (B) Parental immunity is not a defense against claims based on sexual assault, sexual abuse or incest that occurred before, on, or after this section's effective date.

    (C) Notwithstanding any other provision of law, any action to recover damages for injury to a person arising out of an act of sexual assault, sexual abuse, or incest pursuant to this section that has not been litigated to finality, and that would otherwise be time barred before the effective date of this act, may commence within one year of the effective date of this act.

 

SECTION 2.  Section 15-78-110 of the S.C. Code is amended to read:

 

    Section 15-78-110. Except as provided for in Sections 15-3-40 and 15-3-55, any action brought pursuant to this chapter is forever barred unless an action is commenced within two years after the date the loss was or should have been discovered;  provided, that if the claimant first filed a claim pursuant to this chapter then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss was or should have been discovered.

 

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

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