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H. 4517

STATUS INFORMATION

General Bill
Sponsors: Rep. G.M. Smith
Document Path: l:\council\bills\pt\1788ahb04.doc

Introduced in the House on January 13, 2004
Currently residing in the House Committee on Judiciary

Summary: Restraining order for stalking and harassment; social security number of person seeking order

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/13/2004  House   Introduced and read first time HJ-117
   1/13/2004  House   Referred to Committee on Judiciary HJ-117

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/13/2004

TO AMEND SECTION 16-3-1750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRAINING ORDERS AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT THE COURT MAY NOT REQUIRE A PERSON SEEKING A RESTRAINING ORDER TO DISCLOSE HIS SOCIAL SECURITY NUMBER; AND TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE THAT THE CLERK OF COURT MAY NOT REQUIRE A PERSON SEEKING AN ORDER OF PROTECTION TO DISCLOSE HIS SOCIAL SECURITY NUMBER.

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

SECTION    1.    Section 16-3-1750 of the 1976 Code, as last amended by Act 175 of 2002, is further amended to read:

"Section 16-3-1750.    (A)    Under Pursuant to the provisions of this article, the magistrates court has jurisdiction over an action seeking a restraining order against a person engaged in harassment or stalking.

(B)    An action for a restraining order must be filed in the county in which the:

(1)    the defendant resides when the action commences;

(2)    the harassment or stalking occurred; or

(3)    the plaintiff resides if the defendant is a nonresident of the State or cannot be found.

(C)    A complaint and motion for a restraining order may be filed by any person. The complaint must:

(1)    allege that the defendant is engaged in harassment or stalking and must state the time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought;

(2)    be verified; and

(3)    inform the defendant of his right to retain counsel to represent him at the hearing on the complaint.

(D)    The magistrates court must provide forms a form to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel. The court may not require a person seeking a restraining order pursuant to the provisions of this article to disclose his social security number on the form provided by the court.

(E)    The court must not charge a fee for filing a complaint and motion for a restraining order against a person engaged in harassment or stalking.

(E)(F)    Notwithstanding any other another provision of law, a restraining order or a temporary restraining order issued pursuant to this article is enforceable throughout this State."

SECTION    2.    Section 20-4-40 of the 1976 Code, as last amended by Act 396 of 1996, is further amended to read:

"Section 20-4-40.    There is created an action known as a 'Petition for an Order of Protection' in cases of abuse to a household member.

(a)(1)    A petition for relief under pursuant to this section may be made by any household members member in need of protection or by any household members member on behalf of a minor household members member.

(b)(2)    A petition for relief must allege the existence of abuse to a household member. It must state the specific time, place, details of the abuse, and other facts and circumstances upon which relief is sought and must be verified.

(c)(3)    The petition must inform the respondent of the right to retain counsel.

(d)(4)    In a pending action for divorce or separate support and maintenance, the petition for relief shall must be brought in the form of a motion for further relief and shall must be served on counsel of record, if any. Where If no action is pending, the petition shall must be filed and served as an independent action.

(e)(5)    The clerk of court must provide a simplified forms form which will to facilitate the preparation and filing of a petition under pursuant to the provisions of this section by any a person not represented by counsel, including motions and affidavits to proceed in forma pauperis. The clerk of court may not require a person seeking an order of protection pursuant to the provisions of this section to disclose his social security number on the form provided by the clerk of court.

(f)(6)    The clerk of court may not charge a fee for filing a petition for an order for protection from domestic abuse."

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

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