2013-2014 Bill 443: Admissibility of out of Court Statements by Children - South Carolina

1 South Carolina General Assembly 2 120th Session, 2013-2014 3 4 S. 443 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Fair, Hutto and Jackson 10 Document Path: l:\council\bills\nbd\11139vr13.docx 11 Companion/Similar bill(s): 915, 3854, 4451 12 13 Introduced in the Senate on February 27, 2013 14 Currently residing in the Senate Committee on Judiciary 15 16 Summary: Admissibility of out of court statements by children 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 2/27/2013 Senate Introduced and read first time ( Senate Journalpage 11) 23 2/27/2013 Senate Referred to Committee on Judiciary ( Senate Journalpage 11) 24 25 26 VERSIONS OF THIS BILL 27 28 2/27/2013 29 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 191180, AS AMENDED, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE 13 ADMISSIBILITY OF OUTOFCOURT STATEMENTS MADE 14 BY CHILDREN UNDER CERTAIN CIRCUMSTANCES, SO AS 15 TO ALLOW THE ADMISSIBILITY OF HEARSAY 16 STATEMENTS MADE TO FORENSIC INTERVIEWERS; TO 17 DEFINE FORENSIC INTERVIEWER; AND TO PROVIDE FOR 18 TRAINING AND CONTINUING EDUCATION 19 REQUIREMENTS FOR FORENSIC INTERVIEWERS. 20 21 Be it enacted by the General Assembly of the State of South 22 Carolina: 23 24 SECTION 1. Section 191180(G) of the 1976 Code, as last 25 amended by Act 481 of 1992, is further amended to read: 26 27 “(G) If the parents of the child are separated or divorced, the 28 hearsay statement shall be is inadmissible if: 29 (1) one of the parents is the alleged perpetrator of the alleged 30 abuse or neglect; and 31 (2) the allegation was made after the parties separated or 32 divorced. 33 Notwithstanding this subsection, a statement alleging abuse or 34 neglect made by a child to a law enforcement official, an officer of 35 the court, a forensic interviewer, a licensed family counselor or 36 therapist, a physician or other health care provider, a teacher, a 37 school counselor, a Department of Social Services staff member, 38 or to a child care worker in a regulated child care facility is 39 admissible under pursuant to this section. For purposes of this 40 section, a ‘forensic interviewer’ is a person who: 41 (a) conducts an investigative interview to determine 42 whether a child has been abused or neglected;

[443] 2 1 (b) has been initially trained in a state or nationally 2 recognized forensic interview protocol and is able to document 3 successful completion of that training; and 4 (c) has completed continuing education in the field of 5 forensic interviewing or child maltreatment within five years of 6 successful completion of initial training.” 7 8 SECTION 2. The repeal or amendment by this act of any law, 9 whether temporary or permanent or civil or criminal, does not 10 affect pending actions, rights, duties, or liabilities founded thereon, 11 or alter, discharge, release or extinguish any penalty, forfeiture, or 12 liability incurred under the repealed or amended law, unless the 13 repealed or amended provision shall so expressly provide. After 14 the effective date of this act, all laws repealed or amended by this 15 act must be taken and treated as remaining in full force and effect 16 for the purpose of sustaining any pending or vested right, civil 17 action, special proceeding, criminal prosecution, or appeal existing 18 as of the effective date of this act, and for the enforcement of 19 rights, duties, penalties, forfeitures, and liabilities as they stood 20 under the repealed or amended laws. 21 22 SECTION 3. This act takes effect upon approval by the 23 Governor. 24 XX 25

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