H*3717(Rat #0122, Act #0099 of 2013)  General Bill, By Quinn, Bannister, 
Allison, Sandifer, Sellers, Clemmons, Ballentine, Atwater, Toole, Kennedy, Vick, 
Erickson, Long, Bernstein, Munnerlyn, Horne, Funderburk, Brannon, Henderson, 
Wood, Dillard, M.S. McLeod, Whipper and R.L. Brown
 AN ACT TO AMEND SECTION 16-3-1700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE OFFENSES OF HARASSMENT AND
 STALKING, SO AS TO INCLUDE IN THE PURVIEW OF THE OFFENSES PERSONS WHO COMMIT
 THE OFFENSES WHILE SUBJECT TO THE TERMS OF A RESTRAINING ORDER ISSUED BY THE
 FAMILY COURT; TO AMEND SECTIONS 16-3-1710, 16-3-1720, AND 16-3-1730, ALL AS
 AMENDED, RELATING TO PENALTIES FOR HARASSMENT IN THE SECOND DEGREE, HARASSMENT
 IN THE FIRST DEGREE, AND STALKING, RESPECTIVELY, ALL SO AS TO INCLUDE PERSONS
 SUBJECT TO A RESTRAINING ORDER ISSUED BY THE FAMILY COURT; TO AMEND SECTION
 20-4-60, AS AMENDED, RELATING TO ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO
 AS TO PROVIDE A PROCEDURE FOR VACATING AN ORDER OF PROTECTION AND DESTRUCTION
 OF THE RECORDS OF THE ORDER WHEN MUTUAL ORDERS OF PROTECTION HAVE BEEN ENTERED
 THAT DO NOT COMPLY WITH THE PROVISIONS OF THE STATUTE; AND TO AMEND SECTION
 16-3-1760, AS AMENDED, RELATING TO EMERGENCY HEARINGS FOR TEMPORARY
 RESTRAINING ORDERS, SO AS TO PROVIDE A PROCEDURE FOR VACATING A TEMPORARY
 RESTRAINING ORDER AND DESTRUCTION OF THE RECORDS OF THE ORDER WHEN AN ORDER
 WAS IMPROPERLY ISSUED DUE TO UNKNOWN FACTS. - ratified title

   02/28/13  House  Introduced and read first time (House Journal-page 30)
   02/28/13  House  Referred to Committee on Judiciary
                     (House Journal-page 30)
   03/06/13  House  Member(s) request name added as sponsor: Allison,
                     Sandifer, Sellers, Clemmons, Ballentine,
                     Atwater, Toole, Kennedy, Vick
   03/11/13  House  Member(s) request name added as sponsor:
                     Erickson, Long, Bernstein, Munnerlyn, Horne,
                     Funderburk, Brannon, Henderson, Wood, Dillard,
                     M.S.McLeod
   05/29/13  House  Recalled from Committee on Judiciary
                     (House Journal-page 34)
   05/30/13  House  Member(s) request name added as sponsor: Whipper,
                     R.L.Brown
   05/30/13  House  Amended (House Journal-page 70)
   05/30/13  House  Read second time (House Journal-page 70)
   05/30/13  House  Roll call Yeas-109  Nays-0 (House Journal-page 71)
   05/30/13  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 72)
   05/31/13  House  Read third time and sent to Senate
                     (House Journal-page 2)
   06/04/13  Senate Introduced, read first time, placed on calendar
                     without reference (Senate Journal-page 15)
   06/05/13  Senate Amended (Senate Journal-page 37)
   06/05/13  Senate Read second time (Senate Journal-page 37)
   06/05/13  Senate Roll call Ayes-43  Nays-0 (Senate Journal-page 37)
   06/06/13  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 38)
   06/06/13         Scrivener's error corrected
   06/06/13  House  Non-concurrence in Senate amendment
                     (House Journal-page 82)
   06/06/13  House  Roll call Yeas-0  Nays-86 (House Journal-page 82)
   06/06/13  Senate Senate insists upon amendment and conference
                     committee appointed Massey, Coleman, Thurmond
                     (Senate Journal-page 51)
   06/06/13  House  Conference committee appointed Bannister, Quinn,
                     and Stavrinakis (House Journal-page 99)
   06/18/13  House  Conference report received and adopted
                     (House Journal-page 41)
   06/18/13  House  Roll call Yeas-113  Nays-0 (House Journal-page 43)
   06/18/13  Senate Conference report received and adopted
                     (Senate Journal-page 46)
   06/18/13  Senate Roll call Ayes-43  Nays-0 (Senate Journal-page 46)
   06/18/13  House  Ordered enrolled for ratification
                     (House Journal-page 47)
   06/19/13         Ratified R 122
   06/20/13         Signed By Governor
   06/26/13         Effective date 06/20/13
   06/26/13         Act No. 99

(A99, R122, H3717)

AN ACT TO AMEND SECTION 16-3-1700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE OFFENSES OF HARASSMENT AND STALKING, SO AS TO INCLUDE IN THE PURVIEW OF THE OFFENSES PERSONS WHO COMMIT THE OFFENSES WHILE SUBJECT TO THE TERMS OF A RESTRAINING ORDER ISSUED BY THE FAMILY COURT; TO AMEND SECTIONS 16-3-1710, 16-3-1720, AND 16-3-1730, ALL AS AMENDED, RELATING TO PENALTIES FOR HARASSMENT IN THE SECOND DEGREE, HARASSMENT IN THE FIRST DEGREE, AND STALKING, RESPECTIVELY, ALL SO AS TO INCLUDE PERSONS SUBJECT TO A RESTRAINING ORDER ISSUED BY THE FAMILY COURT; TO AMEND SECTION 20-4-60, AS AMENDED, RELATING TO ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE A PROCEDURE FOR VACATING AN ORDER OF PROTECTION AND DESTRUCTION OF THE RECORDS OF THE ORDER WHEN MUTUAL ORDERS OF PROTECTION HAVE BEEN ENTERED THAT DO NOT COMPLY WITH THE PROVISIONS OF THE STATUTE; AND TO AMEND SECTION 16-3-1760, AS AMENDED, RELATING TO EMERGENCY HEARINGS FOR TEMPORARY RESTRAINING ORDERS, SO AS TO PROVIDE A PROCEDURE FOR VACATING A TEMPORARY RESTRAINING ORDER AND DESTRUCTION OF THE RECORDS OF THE ORDER WHEN AN ORDER WAS IMPROPERLY ISSUED DUE TO UNKNOWN FACTS.

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

Harassment and stalking, definitions, inclusion of family court restraining orders

SECTION    1.    Section 16-3-1700 of the 1976 Code, as last amended by Act 106 of 2005, is further amended by adding an appropriately lettered subsection at the end to read:

"( )    A person who commits the offense of harassment in any degree or stalking, as defined in this section, while subject to the terms of a restraining order issued by the family court may be charged with a violation of this article and, upon conviction, may be sentenced pursuant to the provisions of Section 16-3-1710, 16-3-1720, or 16-3-1730."

Harassment, penalties, inclusion of family court restraining orders

SECTION    2.    Section 16-3-1710(B) of the 1976 Code, as last amended by Act 106 of 2005, is further amended to read:

"(B)    A person convicted of harassment in the second degree is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than one year, or both if:

(1)    the person has a prior conviction of harassment or stalking within the preceding ten years; or

(2)    at the time of the harassment an injunction or restraining order, including a restraining order issued by the family court, was in effect prohibiting the harassment."

Harassment, penalties, inclusion of family court restraining orders

SECTION    3.    Section 16-3-1720(B) of the 1976 Code, as last amended by Act 106 of 2005, is further amended to read:

"(B)    A person who engages in harassment in the first degree when an injunction or restraining order, including a restraining order issued by the family court, is in effect prohibiting this conduct is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars, imprisoned not more than three years, or both."

Stalking, penalties, inclusion of family court restraining orders

SECTION    4.    Section 16-3-1730(B) of the 1976 Code, as last amended by Act 106 of 2005, is further amended to read:

"(B)    A person who engages in stalking when an injunction or restraining order, including a restraining order issued by the family court, is in effect prohibiting this conduct is guilty of a felony and, upon conviction, must be fined not more than seven thousand dollars, imprisoned not more than ten years, or both."

Orders of protection, vacating the order, destruction of records

SECTION    5.    Section 20-4-60 of the 1976 Code, as last amended by Act 319 of 2008, is further amended by adding at the end:

"(F)    If mutual orders of protection have been entered that do not comply with the provisions of this section a petitioner may request the order be vacated and all records of the order be destroyed."

Temporary restraining orders, vacating the order, destruction of records

SECTION    6.    Section 16-3-1760 of the 1976 Code, as last amended by Act 106 of 2005, is further amended by adding at the end:

"(E)    Upon motion of a party, the court may determine that a temporary restraining order was improperly issued due to unknown facts. The court may order the temporary restraining order vacated and all records of the improperly issued restraining order destroyed."

Time effective

SECTION    7.    This act takes effect upon approval by the Governor.

Ratified the 19th day of June, 2013.

Approved the 20th day of June, 2013.