H*4486 Session 112 (1997-1998)
H*4486(Rat #0377, Act #0312 of 1998) General Bill, By Jennings, Bailey, Battle,
H. Brown, Cato, Cobb-Hunter, J.L.M. Cromer, Gamble, Govan, Harris, Harrison,
J. Hines, Inabinett, B.L. Jordan, Keegan, Kelley, Kirsh, Leach, Loftis, Martin,
McCraw, J.D. McMaster, Moody-Lawrence, J.H. Neal, Neilson, Meacham, Riser,
Rodgers, Scott, Seithel, D. Smith, Spearman, Stille, E.C. Stoddard, Stuart,
Tripp, Vaughn, Wilder, Witherspoon and Young-Brickell
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
20-4-140 SO AS TO PROVIDE THAT A VALID PROTECTION ORDER RELATED TO DOMESTIC OR
FAMILY VIOLENCE ISSUED IN ANOTHER STATE IS VALID IN THIS STATE AND MUST BE
ENFORCED AS IF IT WERE ISSUED IN THIS STATE; TO PROVIDE THE PREREQUISITES TO
AND PROCEDURES FOR ENFORCING SUCH ORDER; TO PROVIDE CIVIL AND CRIMINAL
IMMUNITY; AND TO AMEND SECTION 16-25-50, AS AMENDED, RELATING TO PENALTIES FOR
VIOLATION OF AN ORDER OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO ALSO
APPLY THE PENALTIES TO VIOLATIONS OF ORDERS ISSUED IN ANOTHER STATE; AND TO
AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY
COURT IN DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO ORDER SIBLING
VISITATION.-AMENDED TITLE
01/22/98 House Introduced and read first time HJ-8
01/22/98 House Referred to Committee on Judiciary HJ-9
02/25/98 House Committee report: Favorable with amendment
Judiciary HJ-8
02/26/98 House Amended HJ-21
02/26/98 House Read second time HJ-21
02/26/98 House Unanimous consent for third reading on next
legislative day HJ-21
02/27/98 House Read third time and sent to Senate HJ-2
03/03/98 Senate Introduced and read first time SJ-12
03/03/98 Senate Referred to Committee on Judiciary SJ-12
04/08/98 Senate Committee report: Favorable with amendment
Judiciary SJ-15
05/13/98 Senate Amended SJ-42
05/13/98 Senate Read second time SJ-42
05/13/98 Senate Ordered to third reading with notice of
amendments SJ-42
05/14/98 Senate Read third time and returned to House with
amendments SJ-28
05/20/98 House Concurred in Senate amendment and enrolled
05/21/98 Ratified R 377
05/27/98 Signed By Governor
06/08/98 Effective date 05/27/98
06/08/98 Copies available
06/08/98 Act No. 312
(A312, R377, H4486)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 20-4-140 SO AS TO
PROVIDE THAT A VALID PROTECTION ORDER RELATED TO
DOMESTIC OR FAMILY VIOLENCE ISSUED IN ANOTHER STATE
IS VALID IN THIS STATE AND MUST BE ENFORCED AS IF IT
WERE ISSUED IN THIS STATE; TO PROVIDE THE
PREREQUISITES TO AND PROCEDURES FOR ENFORCING SUCH
ORDER; TO PROVIDE CIVIL AND CRIMINAL IMMUNITY; TO
AMEND SECTION 16-25-50, AS AMENDED, RELATING TO
PENALTIES FOR VIOLATION OF AN ORDER OF PROTECTION
FROM DOMESTIC VIOLENCE, SO AS TO ALSO APPLY THE
PENALTIES TO VIOLATIONS OF ORDERS ISSUED IN ANOTHER
STATE; AND TO AMEND SECTION 20-7-420, AS AMENDED,
RELATING TO JURISDICTION OF THE FAMILY COURT IN
DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO
ORDER SIBLING VISITATION.
Be it enacted by the General Assembly of the State of South Carolina:
Enforcement of a protection order from another state
SECTION 1. The 1976 Code is amended by adding:
Section 20-4-140. (A) A valid protection order related to domestic or
family violence, issued by a court of another state, tribe, or territory must
be accorded full faith and credit by the courts of this State and enforced
as if it were issued in this State even if the relief granted to the petitioner
in the foreign order would not be available under the laws of this State.
A valid protection order related to domestic or family violence issued by
a county in this State must be accorded full faith and credit by all courts
of this State but must be limited to relief available under South Carolina
law. The court shall provide two certified copies of the order, free of
charge, to a party receiving a protection order related to domestic or
family violence in South Carolina. One of these copies must be for the
party's records. The party must be directed by the court to present the
other copy to law enforcement in the county in which the order was issued
for entry into the National Crime Information Center and for enforcement
if necessary.
(B) A protection order related to domestic or family violence, issued
by a state, tribe, or territory, is valid if the issuing court had jurisdiction
over the parties and subject matter under the laws of the state, tribe, or
territory. There is a presumption in favor of validity where an order
appears authentic on its face. A defendant must have been given
reasonable notice and the opportunity to be heard before the foreign order
was issued; however, in the case of an ex parte order, notice and
opportunity to be heard must have been given as soon as possible after the
order was issued, consistent with due process. Failure to provide
reasonable notice and opportunity to be heard is an affirmative defense to
any charge or process filed seeking enforcement of a foreign protection
order.
(C) A protection order entered against both the petitioner and
defendant is not enforceable against the petitioner unless:
(1) the defendant filed a cross or counter petition, complaint, or
other written pleading seeking a protection order; and
(2) the issuing court made specific findings of domestic or family
violence against both parties and determined that each party is entitled to
a protection order.
(D) A petitioner who obtains a valid order of protection in another
state, tribe, or territory, may file that order without fee or cost by
presenting a certified copy of the foreign order to a clerk of court in the
judicial circuit where the petitioner believes enforcement may be
necessary. A clerk of court shall direct the petitioner to present a copy of
the filed foreign protection order to the police or sheriff's office for
enforcement if necessary. The clerk also shall provide the petitioner with
copy bearing proof of filing with the court for the petitioner's records.
However, filing of the foreign order is not a prerequisite for enforcement
of the order.
(E) A law enforcement officer may rely upon a copy of a protection
order which has been provided to the officer by any source and which
appears valid on its face regardless of certification and also may rely upon
the statement of any person protected by a protection order that the order
remains in effect. An officer shall enforce a valid order regardless of
whether it has been entered into the National Crime Information Center
or other registry. An officer shall also enforce a foreign order regardless
of whether it has been filed in a South Carolina court. If the order was
issued in South Carolina and has not previously been entered into the
National Crime Information Center, the law enforcement officer must
enter the order. A law enforcement officer acting in good faith is immune
from civil and criminal liability in any action arising in connection with
a court's finding that a protection order was not enforceable.
Penalties
SECTION 2. Section 16-25-50 of the 1976 Code, as amended by Act
519 of 1994, is further amended to read:
"Section 16-25-50. A person violating the terms and conditions of an
order of protection issued in this State under Chapter 4, Title 20, the
'Protection from Domestic Abuse Act', or a valid protection order related
to domestic or family violence issued by a court of another state, tribe, or
territory is guilty of a misdemeanor and, upon conviction, must be
imprisoned not more than thirty days or fined not more than five hundred
dollars. A person found guilty of a violation of Section 16-25-20 and this
section may not be sentenced under both sections for the same offense."
Jurisdiction
SECTION 3. Section 20-7-420 of the 1976 Code, as last amended by
Act 71, Section 39 of 1997, is further amended by adding a new item at
the end to read:
"( ) to order sibling visitation where the court finds it is in the best
interest of the children."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1998. |