South Carolina S 148: Sexual Abuse and Incest

Bill Text

2025-2026 Bill 148 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 148

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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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This web page was last updated on December 11, 2024 at 04:43 PM