Current Status Introducing Body:House Bill Number:4939 Primary Sponsor:Cobb-Hunter Committee Number:25 Type of Legislation:GB Subject:Child abuse case, court to assess defendant's fee Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/15903AC.94 Introduced Date:19940317 Last History Body:House Last History Date:19940317 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Cobb-Hunter Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4939 House 19940317 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1440 of the 1976 Code, as last amended by Part II, Section 79A.F, Act 164 of 1993, is further amended to read:
"Section 20-7-1440. (A) In delinquency, dependency, and neglect actions, no court fee may be charged against, and no witness fee is allowed to a party to a petition. No officer of this State or of a political subdivision of this State may receive a fee for the service of process or for attendance in court in the proceeding, except that in divorce proceedings the officer is allowed the fee provided by law and except when the sheriff or clerk of court has entered into a cooperative agreement with the South Carolina Department of Social Services pursuant to Title IV-D of the Social Security Act for the reimbursement of federal matching funds. All other persons acting under orders of the court may be paid for services or service of process the fees provided by law for like services in cases before the circuit court, to be paid from the appropriation provided when the allowances are certified to by the judge.
(B) The sheriff, municipal police, constable or any peace officer shall serve all papers in such delinquency, dependency, and neglect cases without costs, except as noted above provided for in subsection (A).
(C) In actions for support for the spouse or dependent children, when paid through the court and not directly, the court shall assess costs against the party required to pay such the support in the amount of three percent thereof of the support paid, which costs shall must be in addition to the support money paid.
(D) In actions initiated by the department pursuant to Section 20-7-736 or 20-7-738, the court shall, only after a hearing on the merits, may impose a fee of one hundred dollars against the defendant. If the court does not order removal of custody or intervention and protective services with the child remaining in the home, the fee may must be waived. The court may assess the fee against any one defendant or apportion the fee among multiple defendants. The fee may be paid in installments as the court may order; however, the court may not assess a defendant a fee if the defendant's legal assistance is paid for with public funds or is qualified for court appointment in accordance with Section 20-7-110. The clerk of court shall collect the fee and remit it to the department. The department shall retain the fees remitted to be used to offset the expenses associated with its legal representation in child abuse and neglect cases."
SECTION 2. This act takes effect upon approval by the Governor.