South Carolina Senate Bill 1184 (Prior Session Legislation)

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Spectrum: Bipartisan Bill
Status: Engrossed on April 14 2010 - 50% progression, died in committee
Action: 2010-04-15 - Referred to Committee on Judiciary HJ-31
Pending: House Judiciary Committee

A BILL TO AMEND SECTION 63-7-430 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKING OF FALSE REPORTS OF ABUSE AND NEGLECT, SO AS TO PROVIDE THAT ON A SECOND OR SUBSEQUENT FALSE REPORT MADE WITH BAD FAITH, IF A CIVIL LAWSUIT IS FILED, THE COURT MAY AWARD APPROPRIATE RELIEF AS PERMITTED BY STATE LAW AND THE SOUTH CAROLINA RULES OF COURT; AND TO AMEND CHAPTER 7 OF TITLE 63 OF THE 1976 CODE, SO AS TO ADD SECTION 63-7-435, TO PROVIDE THAT IF THE DEPARTMENT DETERMINES THAT AN ALLEGATION OF ABUSE AND NEGLECT IS UNFOUNDED, THE PERSON WRONGFULLY ALLEGED TO HAVE PERPETRATED THE ABUSE OR NEGLECT MAY PETITION THE COURT TO RELEASE THE IDENTITY OF THE MAKER OF THE WRONGFUL COMPLAINT, TO PROVIDE THAT NO PETITION MAY BE FILED AGAINST ANYONE WHO IS REQUIRED TO REPORT ABUSE AND NEGLECT PURSUANT TO SECTION 63-7-310, AND TO PROVIDE THAT THE COURT SHALL ORDER THE RELEASE OF THE NAME OF THE MAKER OF THE WRONGFUL ALLEGATION, IF THE REPORT WAS MADE MALICIOUSLY OR IN BAD FAITH.

Add Section 63-7-435, To Provide That If The Department Determines That An Allegation Of Abuse And Neglect Is Unfounded, The Person Wrongfully Alleged To Have Perpetrated The Abuse Or Neglect May Petition The Court To Release The Identity Of The Maker Of The Wrongful Complaint, To Provide That No Petition May Be Filed Against Anyone Who Is Required To Report Abuse And Neglect Pursuant To Section 63-7-310, And To Provide That The Court Shall Order The Release Of The Name Of The Maker Of The Wrongful Allegation, If The Report Was Made Maliciously Or In Bad Faith.

Sen. George Campsen [R]	Sen. Robert Ford [D]	Sen. Gerald Malloy [D]	Sen. Glenn McConnell [R]
Sen. Clementa Pinckney [D]

Date	Chamber	Action
2010-04-15		Referred to Committee on Judiciary HJ-31
2010-04-15		Introduced and read first time HJ-31
2010-04-14		Read third time and sent to House SJ-71
2010-04-13		Read second time SJ-15
2010-03-31		Committee report: Favorable Judiciary SJ-9
2010-02-19		Referred to Subcommittee: Campbell (ch), Knotts, Campsen, Lourie, Massey
2010-02-17		Referred to Committee on Judiciary SJ-4
2010-02-17		Introduced and read first time SJ-4

Chapter	Article	Section	Citation Type	Statute Text
63	7	310	(n/a)	See Bill Text
63	7	430	(n/a)	See Bill Text
63	7	435	(n/a)	See Bill Text

Type	Source
Summary	https://www.scstatehouse.gov/cgi-bin/web_bh10.exe?bill1=1184&session=118