H 4715

Abstract

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 15-51-10, RELATING TO CIVIL ACTIONS FOR A WRONGFUL ACT CAUSING DEATH, SO AS TO PROVIDE THAT A WRONGFUL DEATH ACTION CAN BE MAINTAINED FOR AN UNBORN CHILD AT ANY STAGE OF DEVELOPMENT AND TO PROVIDE THAT A VIOLATION OF ARTICLE 6, CHAPTER 41, TITLE 44 IS PRIMA FACIE EVIDENCE ENTITLING A PARENT TO MAINTAIN A WRONGFUL DEATH ACTION ON BEHALF OF THEIR DECEASED UNBORN CHILD; BY AMENDING SECTION 15-51-20, RELATING TO THE BENEFICIARIES OF ACTION FOR WRONGFUL DEATH AND WHO MAY BRING AN ACTION, SO AS TO PROVIDE THAT THE MOTHER, FATHER, OR BOTH THE MOTHER AND FATHER MAY BRING A WRONGFUL DEATH ACTION FOR A DECEASED UNBORN CHILD AND THE FATHER AND MOTHER SHALL BE THE ONLY BENEFICIARIES; AND BY AMENDING SECTION 15-51-42, RELATING TO THE APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO PROVIDE THAT THE PARENT INITIATING THE WRONGFUL DEATH ACTION IS AUTHORIZED TO SETTLE THE ACTION.