South Carolina § 16-3-1230 Claim filed on behalf of minor or incompetent; time limitations.

South Carolina Statutes

§ 16-3-1230 — Claim filed on behalf of minor or incompetent; time limitations.

South Carolina § 16-3-1230

Title 16CRIMES AND OFFENSES

Ch. 3OFFENSES AGAINST THE PERSON

This text of South Carolina § 16-3-1230 (Claim filed on behalf of minor or incompetent; time limitations.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 16-3-1230 (2026).

Text

(A)A claim may be filed by a person eligible to receive an award, as provided in Section 16-3-1210, or, if the person is an incompetent or a minor, by his parent or legal guardian or other individual authorized to administer his affairs.

(B)A claim must be filed by the claimant not later than one hundred eighty days after the latest of the following events:

(1)the occurrence of the crime upon which the claim is based;

(2)the death of the victim;

(3)the discovery by the law enforcement agency that the occurrence was the result of crime; or (4) the manifestation of a mental or physical injury is diagnosed as a result of a crime committed against a minor.

(C)Upon good cause shown, the time for filing may be extended for a period not to exceed four years after the occurrence, diagnosed m

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(A) A claim may be filed by a person eligible to receive an award, as provided in Section 16-3-1210, or, if the person is an incompetent or a minor, by his parent or legal guardian or other individual authorized to administer his affairs. (B) A claim must be filed by the claimant not later than one hundred eighty days after the latest of the following events: (1) the occurrence of the crime upon which the claim is based; (2) the death of the victim; (3) the discovery by the law enforcement agency that the occurrence was the result of crime; or (4) the manifestation of a mental or physical injury is diagnosed as a result of a crime committed against a minor. (C) Upon good cause shown, the time for filing may be extended for a period not to exceed four years after the occurrence, diagnosed manifestation, or death. "Good cause" for the above purposes includes reliance upon advice of an official victim assistance specialist who either misinformed or neglected to inform a victim of rights and benefits of the Victim Compensation Fund but does not mean simply ignorance of the law. (D) Claims must be filed in the Department of Crime Victim Compensation with input from the board by conventional mail, facsimile, in person, or through another electronic submission mechanism approved by the director. The director shall accept for filing all claims submitted by persons eligible pursuant to subsection (A) and meeting the requirements as to the form of the claim contained in the form developed by the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation.

Legislative History

HISTORY: 1982 Act No. 455, SECTION 2; 1984 Act No. 489, SECTION 1; 1989 Act No. 181, SECTION 4; 2006 Act No. 380, SECTION 5, eff upon approval (became law without the Governor's signature on June 14, 2006); 2008 Act No. 271, SECTION 2, eff January 1, 2009; 2017 Act No. 96 (S.289), SECTION 5.I, eff July 1, 2017. Effect of Amendment 2017 Act No. 96, Pt. II, SECTION 5.I, renumbered the section; in (C), substituted "Victim Compensation Fund" for "Victim's Compensation Fund"; and, in (D), substituted "Department of Crime Victim Compensation with input from the board" for "office of the director", "subsection (A)" for "subsection (1)", and "form developed by the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation" for "regulations of the board".