H 3211 General Bill, By Cooper, H.B. Brown, G.R. Smith, Allison and Brady
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 20-4-170 SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO CREATE AND ADMINISTER A
 STATE DOMESTIC VIOLENCE PROTECTIVE ORDER REGISTRY, TO PROVIDE PROCEDURES THAT
 MUST BE FOLLOWED IN THE MAINTENANCE OF THE REGISTRY, AND TO PROVIDE FOR
 CONFIDENTIALITY OF THE IDENTITY OF VICTIMS OF DOMESTIC VIOLENCE.

   12/14/10  House  Prefiled
   12/14/10  House  Referred to Committee on Judiciary
   01/11/11  House  Introduced and read first time (House Journal-page 84)
   01/11/11  House  Referred to Committee on Judiciary
                     (House Journal-page 84)
   01/12/11  House  Member(s) request name added as sponsor: Brady

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-170 SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO CREATE AND ADMINISTER A STATE DOMESTIC VIOLENCE PROTECTIVE ORDER REGISTRY, TO PROVIDE PROCEDURES THAT MUST BE FOLLOWED IN THE MAINTENANCE OF THE REGISTRY, AND TO PROVIDE FOR CONFIDENTIALITY OF THE IDENTITY OF VICTIMS OF DOMESTIC VIOLENCE.

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

SECTION    1.    Article 1, Chapter 4, Title 20 of the 1976 Code is amended by adding:

"Section 20-4-170.    (A)    In order to provide a statewide registry for orders of protection from domestic violence and to aid law enforcement, prosecutors, and courts in handling these matters, the Attorney General is directed to create and administer the State Domestic Violence Protective Order Registry. The Office of the Attorney General shall collect data transmitted to it from the courts and enter the data into the State Domestic Violence Protective Order Registry. All orders of protection issued pursuant to the provisions of this article must be maintained in the State Protective Order Registry.

(B)    The clerk of court of the court issuing an order of protection pursuant to the provisions of this article shall submit a copy of any petition, order, modification, or dismissal of an order of protection to the registry created pursuant to this section as expeditiously as possible.

(C)    The Office of the Attorney General is directed to implement policies and procedures for submissions to the registry and shall implement a daily process for the entry of newly issued orders of protection and removal of records and names of the parties in all cases in which an order of protection expires by its own terms or is modified or rescinded by the court.

(D)    Information regarding the registration of an order of protection from domestic violence, the filing of a petition for an order of protection from domestic violence, or the issuance of an order of protection from domestic violence which is maintained in the registry which tends to reveal the identity or location of a protected person does not constitute a public record and is not subject to disclosure pursuant to the provisions of Chapter 4, Title 30, the Freedom of Information Act; however, this information may be disclosed as necessary to the appropriate law enforcement agency for enforcement purposes of the order of protection from domestic violence."

SECTION    2.    This act takes effect upon approval by the Governor except that the creation and maintenance of the registry required by this act is stayed until funding becomes available through appropriations by the General Assembly to the Office of the Attorney General for this purpose.