H*3465(Rat #0452, Act #0397 of 2000)  General Bill, By Easterday, Wilder, 
Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, 
Vaughn, Loftis, Beck, Robinson, McGee and Sandifer
 A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE
 MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE
 AGE SHALL BE SIXTEEN; TO AMEND SECTION 20-1-250, RELATING TO CONSENT TO MARRY,
 SO AS TO PROVIDE IF EITHER APPLICANT IS UNDER EIGHTEEN, CONSENT OF A RELATIVE
 OR GUARDIAN IS REQUIRED BEFORE A MARRIAGE LICENSE IS ISSUED; AND TO AMEND
 SECTION 20-7-7810, RELATING TO JUVENILE COMMITMENT, SO AS TO REVISE THE
 REQUIREMENTS AND PROVIDE THAT A JUVENILE ADJUDICATED DELINQUENT OF A STATUS
 OFFENSE, EXCLUDING TRUANCY, OR WHO IS IN CONTEMPT OF COURT FOR VIOLATING A
 COURT ORDER CONCERNING SCHOOL ATTENDANCE OR THE ADJUDICATION OF DELINQUENCY
 FOR A STATUS OFFENSE, OR WHO IS DETERMINED BY A COURT TO HAVE VIOLATED
 CONDITIONS OF PROBATION SET FORTH IN A COURT ORDER CONCERNING THE ADJUDICATION
 OF DELINQUENCY FOR A STATUS OFFENSE INCLUDING TRUANCY MAY BE COMMITTED TO THE
 CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE, AND TO PROVIDE FOR THE
 INCLUSION OF CERTAIN INFORMATION IN THE COURT'S ORDER.-AMENDED TITLE

   02/04/99  House  Introduced and read first time HJ-21
   02/04/99  House  Referred to Committee on Judiciary HJ-21
   04/14/99  House  Committee report: Favorable with amendment
                     Judiciary HJ-8
   04/20/99  House  Amended HJ-25
   04/20/99  House  Read second time HJ-25
   04/21/99  House  Read third time and sent to Senate HJ-85
   04/22/99  Senate Introduced and read first time SJ-10
   04/22/99  Senate Referred to Committee on Judiciary SJ-10
   03/22/00  Senate Committee report: Favorable Judiciary SJ-14
   03/23/00  Senate Read second time SJ-24
   03/23/00  Senate Ordered to third reading with notice of
                     amendments SJ-24
   05/31/00  Senate Amended SJ-85
   05/31/00  Senate Read third time and returned to House with
                     amendments SJ-85
   06/01/00  House  Senate amendment amended HJ-9
   06/01/00  House  Returned to Senate with amendments HJ-9
   06/01/00  Senate Non-concurrence in House amendment SJ-20
   06/01/00  House  House insists upon amendment and conference
                     committee appointed Reps. Easterday, Campsen and
                     Harris HJ-43
   06/01/00  Senate Conference committee appointed Sens. Martin,
                     Short, Hutto SJ-21
   06/22/00  Senate Conference report received and adopted
   06/22/00  House  Conference report received and adopted HJ-133
   06/22/00  Senate Ordered enrolled for ratification
   06/22/00         Ratified R 452
   08/17/00         Signed By Governor
   08/17/00         Effective date 08/17/00
   08/28/00         Copies available
   08/28/00         Act No. 397

AN ACT TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN; TO AMEND SECTION 20-1-250, RELATING TO CONSENT TO MARRY, SO AS TO PROVIDE IF EITHER APPLICANT IS UNDER EIGHTEEN, CONSENT OF A RELATIVE OR GUARDIAN IS REQUIRED BEFORE A MARRIAGE LICENSE IS ISSUED; AND TO AMEND SECTION 20-7-7810, RELATING TO JUVENILE COMMITMENT, SO AS TO REVISE THE REQUIREMENTS AND PROVIDE THAT A JUVENILE ADJUDICATED DELINQUENT OF A STATUS OFFENSE, EXCLUDING TRUANCY, OR WHO IS IN CONTEMPT OF COURT FOR VIOLATING A COURT ORDER CONCERNING SCHOOL ATTENDANCE OR THE ADJUDICATION OF DELINQUENCY FOR A STATUS OFFENSE, OR WHO IS DETERMINED BY A COURT TO HAVE VIOLATED CONDITIONS OF PROBATION SET FORTH IN A COURT ORDER CONCERNING THE ADJUDICATION OF DELINQUENCY FOR A STATUS OFFENSE INCLUDING TRUANCY MAY BE COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE, AND TO PROVIDE FOR THE INCLUSION OF CERTAIN INFORMATION IN THE COURT'S ORDER.

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

Minimum age for marriage is sixteen

SECTION 1. Section 20-1-100 of the 1976 Code, as added by Act 95 of 1997, is amended to read:

"Section 20-1-100. Any person under the age of sixteen 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 person under the age of sixteen is void ab initio."

Approval of relative required if either applicant under eighteen

SECTION 2. Section 20-1-250 of the 1976 Code is amended to read:

"Section 20-1-250. A marriage license must not be issued when either applicant is under the age of sixteen. When either applicant is between the ages of sixteen to eighteen and that applicant resides with father, mother, other relative, or guardian, the probate judge or other officer authorized to issue marriage licenses shall not issue a license for the marriage until furnished with a sworn affidavit signed by the father, mother, other relative, or guardian giving consent to the marriage."

Commitment for status offense adjudication, except truancy, violation of court order, or violation of probation

SECTION 3. Section 20-7-7810(F) of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"(F) Notwithstanding subsections (A) and (E), a child may be committed to the custody of the Department of Juvenile Justice or to a secure evaluation center operated by the department for a determinate period not to exceed ninety days when:

(1) the child has been adjudicated delinquent by a family court judge for a status offense, as defined in Section 20-7-6605, excluding truancy, and the order acknowledges that the child has been afforded all due process rights guaranteed to a child offender;

(2) the child is in contempt of court for violation of a court order to attend school or an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605; or

(3) the child is determined by the court to have violated the conditions of probation set forth by the court in an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605, including truancy.

Orders issued pursuant to this subsection must acknowledge:

(a) that the child has been advised of all due process rights afforded to a child offender; and

(b) that the court has received information from the appropriate state or local agency or public entity that has reviewed the facts and circumstances causing the child to be before the court.

A child committed under this section may not be confined with a child who has been determined by the department to be violent."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 22nd day of June, 2000.

Approved the 17th day of August, 2000.