View Amendment Current Amendment: 1A to Bill 3271

Senator HUTTO proposed the following amendment (JUD3271.002):

Amend the bill, as and if amended, page 1, by striking line 33 through line 39, and inserting therein the following:

/ "( ) an affidavit signed by the petitioner which provides that the petitioner is currently a resident of the State of South Carolina and has been a resident of the State for at least six months. The petitioner shall attach to the affidavit proof of residency in South Carolina of at least six months, which may be as documented on any form of proof of residency deemed acceptable by the South Carolina Department of Motor Vehicles when issuing a driver's license. To protect the petitioner's safety, the court may waive the six months' residency requirement if the petitioner provides evidence that:

(a) the petitioner is a victim of domestic violence, dating violence, stalking, harassment, sexual offenses, trafficking in persons, or other abuse; and

(b) the petitioner is currently in reasonable fear of the petitioner's safety.

Evidence shall include, but not be limited to:

(i) law enforcement, court, or other federal or state agency applications, records, or files;

(ii) d ocumentation from an agency or nonprofit organization that provides specialized assistance or services to victims of domestic violence, dating violence, stalking, harassment, sexual offenses, trafficking in persons, or other abuse; or

(iii) d ocumentation from a religious, medical, or other professional from whom the applicant has sought assistance in connection with the alleged victimization." /

Amend the bill further, as and if amended, page 1, line 40, by adding an appropriately numbered SECTION to read:

/ SECTION__. Section 15-49-20 of the 1976 Code is amended by adding an appropriately numbered subsection to read:

"( ) Upon the petitioner's request, after granting the name change, the court shall seal the file if the court finds that the safety of the petitioner seeking the name change or the safety of the petitioner's child or ward warrants sealing the file. In all cases filed under this subsection, where the court orders that the file be sealed, any court record of the name change petition, proceeding, or order shall not be made public." /