H*3101(Rat #0212, Act #0095 of 1997)  General Bill, By Allison, Kirsh, Knotts and 
Meacham

Similar(H 3252)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 20-1-100 SO AS TO PROVIDE THAT A MALE UNDER THE AGE OF SIXTEEN OR FEMALE UNDER
 THE AGE OF FOURTEEN IS NOT CAPABLE OF ENTERING INTO A VALID MARRIAGE AND ALL
 SUCH MARRIAGES SUBSEQUENTLY ENTERED INTO ARE VOID; TO AMEND SECTIONS 16-3-615
 AND 16-3-658, BOTH AS AMENDED, RELATING RESPECTIVELY TO SPOUSAL SEXUAL BATTERY
 AND CRIMINAL SEXUAL CONDUCT WITH A SPOUSE, SO AS TO PROVIDE THAT THESE
 SECTIONS DO NOT APPLY TO A MARRIAGE OF A MALE UNDER THE AGE OF SIXTEEN OR A
 FEMALE UNDER THE AGE OF FOURTEEN; AND TO AMEND SECTION 16-17-495, AS AMENDED,
 RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE
 INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE THE SECTION APPLY TO CHILDREN
 BORN OUT OF WEDLOCK AND NOT SUBJECT TO A COURT ORDER, TO MAKE IT UNLAWFUL TO
 TAKE A CHILD WITHIN OR OUTSIDE THE STATE, TO ESTABLISH VIOLATIONS FOR TAKING A
 CHILD WHEN DETERMINATION OF CUSTODY IS PENDING, TO CREATE FELONY AND
 MISDEMEANOR OFFENSES DEPENDING ON THE LENGTH OF TIME THE CHILD IS KEPT, TO
 INCREASE PENALTIES IF THE CHILD IS TAKEN BY FORCE OR THREAT OF FORCE, AND TO
 AUTHORIZE AN AWARD OF TRAVEL AND OTHER EXPENSES INCURRED BY THE CUSTODIAN OR
 LAW ENFORCEMENT.-AMENDED TITLE

   01/08/97  House  Prefiled
   01/08/97  House  Referred to Committee on Judiciary
   01/14/97  House  Introduced and read first time HJ-46
   01/14/97  House  Referred to Committee on Judiciary HJ-47
   02/12/97  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   02/18/97  House  Amended HJ-30
   02/18/97  House  Requests for debate-Rep(s). Scott, Whipper, T.
                     Brown, F. Smith & J. Brown HJ-31
   02/20/97  House  Debate adjourned until Tuesday, February 25, 1997 HJ-20
   02/25/97  House  Read second time HJ-23
   02/25/97  House  Roll call Yeas-116  Nays-0 HJ-23
   02/26/97  House  Read third time and sent to Senate HJ-22
   02/27/97  Senate Introduced and read first time SJ-5
   02/27/97  Senate Referred to Committee on Judiciary SJ-5
   04/30/97  Senate Committee report: Favorable with amendment
                     Judiciary SJ-12
   05/06/97  Senate Amended SJ-54
   05/06/97  Senate Read second time SJ-54
   05/06/97  Senate Ordered to third reading with notice of
                     amendments SJ-54
   05/07/97  Senate Amended SJ-8
   05/07/97  Senate Read third time and returned to House with
                     amendments SJ-8
   05/14/97  House  Non-concurrence in Senate amendment HJ-39
   05/14/97  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Courtney, Gregory,
                     Hutto SJ-54
   05/14/97  House  Conference committee appointed Young, Haskins &
                     Allison HJ-102
   06/04/97  House  Free conference powers granted HJ-57
   06/04/97  House  Free conference committee appointed Reps. Young,
                     Haskins & Allison HJ-57
   06/04/97  House  Free conference report received and adopted HJ-58
   06/04/97  Senate Free conference powers granted SJ-26
   06/04/97  Senate Free conference committee appointed Sens.
                     Courtney, Hutto, Gregory SJ-26
   06/04/97  Senate Free conference report adopted SJ-26
   06/04/97  House  Ordered enrolled for ratification HJ-150
   06/09/97         Ratified R 212
   06/11/97         Signed By Governor
   06/11/97         Effective date 06/11/97
   06/24/97         Copies available
   06/24/97         Act No. 95

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-100 SO AS TO PROVIDE THAT A MALE UNDER THE AGE OF SIXTEEN OR A FEMALE UNDER THE AGE OF FOURTEEN IS NOT CAPABLE OF ENTERING INTO A VALID MARRIAGE AND ALL SUCH MARRIAGES SUBSEQUENTLY ENTERED INTO ARE VOID; TO AMEND SECTIONS 16-3-615 AND 16-3-658, BOTH AS AMENDED, RELATING RESPECTIVELY TO SPOUSAL SEXUAL BATTERY AND CRIMINAL SEXUAL CONDUCT WITH A SPOUSE, SO AS TO PROVIDE THAT THESE SECTIONS DO NOT APPLY TO A MARRIAGE OF A MALE UNDER THE AGE OF SIXTEEN OR A FEMALE UNDER THE AGE OF FOURTEEN; AND TO AMEND SECTION 16-17-495, AS AMENDED, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE THE SECTION APPLY TO CHILDREN BORN OUT OF WEDLOCK AND NOT SUBJECT TO A COURT ORDER, TO MAKE IT UNLAWFUL TO TAKE A CHILD WITHIN OR OUTSIDE THE STATE, TO ESTABLISH VIOLATIONS FOR TAKING A CHILD WHEN DETERMINATION OF CUSTODY IS PENDING, TO CREATE FELONY AND MISDEMEANOR OFFENSES DEPENDING ON THE LENGTH OF TIME THE CHILD IS KEPT, TO INCREASE PENALTIES IF THE CHILD IS TAKEN BY FORCE OR THREAT OF FORCE, AND TO AUTHORIZE AN AWARD OF TRAVEL AND OTHER EXPENSES INCURRED BY THE CUSTODIAN OR LAW ENFORCEMENT.

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

Certain persons incapable of entering into marriage

SECTION 1. The 1976 Code is amended by adding:

"Section 20-1-100. A male under the age of sixteen or a female under the age of fourteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a male under the age of sixteen or a female under the age of fourteen is void ab initio."

Section does not apply

SECTION 2. Section 16-3-615 of the 1976 Code, as last amended by Act 295 of 1994, is further amended by adding:

"(D) This section is not applicable to a purported marriage entered into by a male under the age of sixteen or a female under the age of fourteen."

Section does not apply

SECTION 3. Section 16-3-658 of the 1976 Code, as last amended by Act 139 of 1991, is further amended by adding at the end:

"This section is not applicable to a purported marriage entered into by a male under the age of sixteen or a female under the age of fourteen."

Taking child from custodian in violation of order or law or to avoid custody proceeding

SECTION 4. Section 16-17-495 of the 1976 Code, as last amended by Act 28 of 1995, is further amended to read:

"Section 16-17-495. (A)(1) When a court of competent jurisdiction in this State or another state has awarded custody of a child under the age of sixteen years or when custody of a child under the age of sixteen years is established pursuant to Section 20-7-953B, it is unlawful for a person with the intent to violate the court order or Section 20-7-953B to take or transport, or cause to be taken or transported, the child from the legal custodian for the purpose of concealing the child, or circumventing or avoiding the custody order or statute.

(2) When a pleading has been filed and served seeking a determination of custody of a child under the age of sixteen, it is unlawful for a person with the intent to circumvent or avoid the custody proceeding to take or transport, or cause to be taken or transported, the child for the purpose of concealing the child, or circumventing or avoiding the custody proceeding. It is permissible to infer that a person keeping a child outside the limits of this State for more than seventy-two hours without notice to a legal custodian intended to violate this subsection.

(B) A person who violates subsection (A)(1) or (2) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.

(C) If a person who violates subsection (A)(1) or (2) returns the child to the legal custodian or to the jurisdiction of the court in which the custody petition was filed within three days of the violation, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.

(D) Notwithstanding the provisions of this section, if the taking or transporting of a child in violation of subsections (A)(1) or (2), is by physical force or the threat of physical force, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.

(E) A person who violates the provisions of this section may be required by the court to pay necessary travel and other reasonable expenses including, but not limited to, attorney's fees incurred by the party entitled to the custody or by a witness or law enforcement."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Approved the 11th day of June, 1997.