S 0559 General Bill, By M.T. Rose
 A Bill to amend Title 20, Chapter 4, Code of Laws of South Carolina, 1976,
 relating to protection from domestic abuse, by enacting the "Protection from
 Post-Separation Family Violence Act"; by adding Article 3 so as to create a
 presumption that no parent with a history of family violence may be awarded
 custody of a child and to provide circumstances that may overcome the
 presumption; to provide for supervised visitation under certain conditions; to
 require separation, divorce, child custody, and visitation orders to contain
 an injunction against the perpetrator of family violence; to require the
 perpetrator of family violence to pay all court and attorney fees and costs
 incurred for medical and psychological care necessitated by the family
 violence; and to designate Sections 20-4-10 through 20-4-130 as Title 20,
 Chapter 4, Article 1 named "Protection from Domestic Violence".

   02/22/95  Senate Introduced and read first time SJ-6
   02/22/95  Senate Referred to Committee on Judiciary SJ-6
   05/10/95  Senate Committee report: Favorable with amendment
                     Judiciary SJ-11
   05/11/95  Senate Amended SJ-36
   05/11/95  Senate Read second time SJ-36
   05/17/95  Senate Read third time and sent to House SJ-17
   05/18/95  House  Introduced and read first time HJ-45
   05/18/95  House  Referred to Committee on Judiciary HJ-45

May 11, 1995

S. 559

S. Printed 5/11/95--S.

Read the first time February 22, 1995.

A BILL

TO AMEND ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF CASES BEFORE THE FAMILY COURT, BY ADDING SECTION 20-7-1530 SO AS TO PROVIDE FACTORS WHICH MUST BE CONSIDERED IN DETERMINING THE CUSTODY OF MINOR CHILDREN; AND TO ADD SUBARTICLE 2 SO AS TO PROVIDE FOR SPECIAL VISITATION PROVISIONS WHICH A COURT MAY ORDER WHEN AWARDING VISITATION IN CASES INVOLVING DOMESTIC AND FAMILY VIOLENCE.

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

SECTION 1. Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 395 of 1994, is further amended by adding:

"Section 20-7-1530. In making a decision regarding custody of minor children, the court must give weight to the following factors:

(1) the best interests of the child;

(2) the fitness of the parties;

(3) the conduct of the parties which may affect the child including, but not limited to, evidence of:

(a) domestic violence against the child or another family member including, but not limited to:

(i) physical or sexual abuse,

(ii) evidence of the primary aggressor,

(iii) evidence of self defense;

(b) abuse of alcohol or drugs."

SECTION 2. Article 11, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 395 of 1994, is further amended by adding:

Section 20-7-1557. (A) A court may award visitation by a parent who committed domestic or family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or family violence can be made.

(B) In a visitation order, a court may:

(1) order an exchange of a child to occur in a protected setting;

(2) order visitation supervised by another person or agency;

(3) order the perpetrator of domestic or family violence to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators or other designated counseling as a condition of the visitation;

(4) order the perpetrator of domestic or family violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for twenty-four hours preceding the visitation;

(5) order the perpetrator of domestic or family violence to pay a fee to defray the costs of supervised visitation;

(6) prohibit overnight visitation;

(7) require a bond from the perpetrator of domestic or family violence for the return and safety of the child;

(8) impose any other condition that is considered necessary to provide for the safety of the child, the victim of domestic or family violence, or other family or household member.

(C) If visitation is not allowed or is allowed in a restricted manner to provide for the safety of the child or the parent who is a victim of domestic or family violence, the court may order the address of the child and the victim to be kept confidential.

(D) The court may refer but shall not order an adult who is a victim of domestic or family violence to attend counseling relating to the victim's status or behavior as a victim individually or with the perpetrator of domestic violence as a condition of receiving custody of a child or as a condition of visitation.

(E) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during the visitation."

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