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Bill 821

                    Current Status

Bill Number:                      821
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020108
Primary Sponsor:                  Richardson
All Sponsors:                     Richardson
Drafted Document Number:          l:\council\bills\nbd\11040ac02.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Order of protection from criminal 
                                  domestic violence may be filed in county where 
                                  alleged abuse occurred


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020108  Introduced, read first time,           11 SJ
                  referred to Committee
Senate  20011219  Prefiled, referred to Committee        11 SJ


              Versions of This Bill

TO AMEND SECTION 20-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND VENUE FOR ACTIONS SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE WHERE AN ACTION MAY BE BROUGHT TO INCLUDE THE COUNTY IN WHICH THE ALLEGED ACT OF ABUSE OCCURRED.

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

SECTION 1. Section 20-4-30 of the 1976 Code is amended to read:

"Section 20-4-30. (A) The family court has jurisdiction over all proceedings under this chapter except that, during nonbusiness hours or at other times when the court is not in session, the petition may be filed with a magistrate. The magistrate may issue an order of protection granting only the relief provided by Section 20-4-60 (a) (1).

(B) Actions for an order of protection shall must be filed in the county in which:

(a) in which the respondent resides at the time of the commencement of the action, the alleged act of abuse occurred;

(b) in which the petitioner resides if the respondent is a nonresident or after due diligence cannot be found, or is sheltered; or

(c) in which the parties last resided together unless the petitioner is a nonresident in which case it must be brought in the county in which the respondent resides."

SECTION 2. This act takes effect upon approval by the Governor.

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