Bill Text: SC H3077 | 2019-2020 | 123rd General Assembly | Introduced


Bill Title: Torts

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-01-08 - Referred to Committee on Judiciary [H3077 Detail]

Download: South_Carolina-2019-H3077-Introduced.html


A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-30 SO AS TO PROVIDE A CAUSE OF ACTION FOR DAMAGES ARISING FROM AN INTENTIONAL, TORTIOUS INTERFERENCE OF THE PARENT-CHILD RELATIONSHIP CAUSED BY PHYSICAL OR MENTAL INJURY.

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

SECTION    1.    Chapter 75, Title 15 of the 1976 Code is amended by adding:

"Section 15-75-30.    (A)    A child who is seventeen years of age or younger or a permanently handicapped or incapacitated child may maintain an action for damages arising from an intentional, tortious interference of the parent-child relationship caused by a severe, serious, and permanent physical or mental injury to the parent. However, the child must have been dependent upon the parent for economic, emotional, and societal support before and at the time of the tortious interference of the relationship.

(B)    An action pursuant to this section must be brought at the same time as other actions arising from the injury."

SECTION    2.    This act takes effect upon approval by the Governor and applies to actions arising after the effective date of this act.

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