The bill S. 148 aims to amend the South Carolina Code of Laws regarding the statute of limitations for actions based on sexual abuse and incest. Specifically, it proposes to extend the time frame within which individuals can file lawsuits for damages related to sexual assault, sexual abuse, or incest. Under the new provisions, individuals can initiate legal action within six years after reaching fifty-nine years of age or within eight years from the time they discover the injury and its connection to the abuse, whichever is later. Additionally, the bill states that parental immunity cannot be used as a defense in these cases, and it allows for actions that were previously time-barred to be filed within one year of the bill's effective date.
Furthermore, the bill makes conforming changes to Section 15-78-110 of the South Carolina Code, which outlines the statute of limitations for other types of claims. The existing two-year limitation for actions brought under this chapter remains, but it clarifies that if a claimant has previously filed a claim, they must commence any related action within three years of discovering the loss. The bill will take effect upon approval by the Governor.
Statutes affected: 12/11/2024: 15-3-555, 15-78-110
Latest Version: 15-3-555, 15-78-110