H 3698 General Bill, By Harrison
 A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO TRANSPORTING A CHILD OUT OF STATE WITH THE INTENT OF
 VIOLATING A CUSTODY ORDER, SO AS TO PROVIDE THAT, IF LAW ENFORCEMENT HAS
 PROBABLE CAUSE TO BELIEVE A CHILD HAS BEEN TAKEN FROM HIS LEGAL CUSTODIAN AND
 IS IN A SPECIFIC LOCATION, LAW ENFORCEMENT MAY SEEK A WARRANT TO RECOVER THE
 CHILD FROM THAT LOCATION OR, IF THE CHILD IS IN DANGER, MAY ENTER THE LOCATION
 WITHOUT A WARRANT TO RECOVER THE CHILD; TO PROVIDE THAT IF A COURT HAS MADE A
 DETERMINATION OF CUSTODY, THE COURT'S ORDER MUST BE SHOWN TO LAW ENFORCEMENT
 AS EVIDENCE OF WHO IS THE LEGAL CUSTODIAN OF THE CHILD; AND TO PROVIDE THAT
 KNOWINGLY GIVING FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER SEEKING TO
 CARRY OUT THE PROVISIONS OF THIS SECTION IS A CRIMINAL OFFENSE.

   03/12/01  House  Introduced and read first time HJ-6
   03/12/01  House  Referred to Committee on Judiciary HJ-6

TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD OUT OF STATE WITH THE INTENT OF VIOLATING A CUSTODY ORDER, SO AS TO PROVIDE THAT, IF LAW ENFORCEMENT HAS PROBABLE CAUSE TO BELIEVE A CHILD HAS BEEN TAKEN FROM HIS LEGAL CUSTODIAN AND IS IN A SPECIFIC LOCATION, LAW ENFORCEMENT MAY SEEK A WARRANT TO RECOVER THE CHILD FROM THAT LOCATION OR, IF THE CHILD IS IN DANGER, MAY ENTER THE LOCATION WITHOUT A WARRANT TO RECOVER THE CHILD; TO PROVIDE THAT IF A COURT HAS MADE A DETERMINATION OF CUSTODY, THE COURT'S ORDER MUST BE SHOWN TO LAW ENFORCEMENT AS EVIDENCE OF WHO IS THE LEGAL CUSTODIAN OF THE CHILD; AND TO PROVIDE THAT KNOWINGLY GIVING FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER SEEKING TO CARRY OUT THE PROVISIONS OF THIS SECTION IS A CRIMINAL OFFENSE.

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

SECTION    1.    Section 16-17-495 of the 1976 Code, as last amended by Act 95 of 1997, is further amended by adding appropriately numbered subsections to read:

    "( )(1)    A law enforcement officer who has probable cause to believe that a child has been taken or is being withheld from his legal custodian in violation of this section and that the child is in a specific dwelling, building, structure, or vehicle may:

            (a)    seek a warrant or court order to enter the dwelling, building, structure, or vehicle and use any reasonable means necessary to recover and return the child to his legal custodian; or

            (b)    enter the dwelling, building, structure, or vehicle without a warrant and use any reasonable means necessary to recover and return the child to his legal custodian if the officer has probable cause to believe:

                (i)        the child's health or safety is in danger; or

                (ii)    there is a risk that the person retaining custody of the child in violation of this section would flee with the child before the officer could obtain a warrant to enter the dwelling, building, other structure, or vehicle in search of the child.

    (2)    If a determination of custody has been made by any court, the court order must be shown to the officer as evidence of who is the legal custodian of the child.

    ( )        A person who knowingly gives false information to a law enforcement officer during the course of a dispute involving the custody of a child as provided in this section may be charged as provided by Section 16-17-725."

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