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Bill 4964

                    Current Status

Bill Number:                      4964
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000418
Primary Sponsor:                  McGee
All Sponsors:                     McGee and Cobb-Hunter
Drafted Document Number:          l:\council\bills\skb\18320som00.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Criminal domestic violence, order of 
                                  protection, verbal intimidation offense of; 
                                  Domestic Relations, Crimes, Courts


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000418  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 20-4-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE PROTECTION FROM DOMESTIC ABUSE ACT, SO AS TO ADD A DEFINITION OF ABUSE THAT INCLUDES VERBAL INTIMIDATION OR VERBAL ABUSE THAT WOULD CAUSE A REASONABLE PERSON TO FEAR FOR THE PERSON'S OR ANOTHER FAMILY OR HOUSEHOLD MEMBER'S SAFETY; AND TO AMEND CHAPTER 4 OF TITLE 20 BY ADDING SECTION 20-4-55, SO AS TO PROVIDE THAT, EVEN WHEN THE COURT FINDS NO BASIS TO ISSUE AN ORDER OF PROTECTION, THE COURT HAS THE AUTHORITY TO ISSUE A TEMPORARY ORDER ADDRESSING ISSUES APPLICABLE TO THE PARTIES AND SCHEDULE A TEMPORARY HEARING AT THE REQUEST OF EITHER PARTY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 20-4-20(a) of the 1976 Code is amended to read:

"(a) 'Abuse' means:

(1) Physical harm, bodily injury, assault, or the threat of physical harm;

(2) Sexual criminal offenses, as otherwise defined by statute, committed against a family or household member by a family or household member; and

(3) verbal intimidation or verbal abuse which would cause a reasonable person to fear for the person's safety or the safety of a family or household member regardless if the verbal intimidation or verbal abuse contains a threat of physical harm."

SECTION 2. Chapter 4 of Title 20 of the 1976 Code is amended by adding:

"Section 20-4-55. If the court finds there is no basis to issue an order of protection, it still may issue a temporary order addressing the issues applicable to the parties under Section 20-4-60(c)(1) through (7). The court shall inform the parties of their right to a temporary hearing, and, if either party requests the hearing, it must be scheduled within fifteen days of the hearing on the petition for an order of protection."

SECTION 3. This act takes effect upon approval by the Governor.

This web page was last updated on Wednesday, December 9, 2009 at 9:32 A.M.