S*0398(Rat #0515, Act #0465)  General Bill, By Hayes
 A Bill to amend Section 27-37-160, Code of Laws of South Carolina, 1976,
 relating to the execution of a writ of ejectment, so as to give the occupant
 twenty-four hours to vacate voluntarily, provide that if the occupant refuses
 to vacate within twenty-four hours and the premises appear to be occupied and
 the occupant does not respond, the constable or deputy sheriff shall leave a
 copy of the writ attached at the top of the door or in the most conspicuous
 place, to provide that twenty-four hours following the posting of the writ, if
 the occupants have not vacated the premises voluntarily, the deputy sheriff
 may enter the premises by force, using the least destructive means possible,
 in order to effectuate the writ.-amended title

   02/09/93  Senate Introduced and read first time SJ-9
   02/09/93  Senate Referred to Committee on Judiciary SJ-9
   02/16/94  Senate Committee report: Favorable with amendment
                     Judiciary SJ-6
   02/17/94  Senate Amended SJ-40
   02/17/94  Senate Read second time SJ-41
   03/08/94  Senate Amended SJ-12
   03/08/94  Senate Read third time and sent to House SJ-12
   03/09/94  House  Introduced and read first time HJ-7
   03/09/94  House  Referred to Committee on Judiciary HJ-7
   05/18/94  House  Committee report: Favorable Judiciary HJ-14
   05/26/94  House  Read second time HJ-53
   05/26/94  House  Unanimous consent for third reading on next
                     legislative day HJ-53
   05/27/94  House  Read third time and enrolled HJ-4
   06/02/94         Ratified R 515
   07/14/94         Signed By Governor
   08/02/94         Effective date 07/14/94
   07/26/94         Copies available

AN ACT TO AMEND SECTION 27-37-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTION OF A WRIT OF EJECTMENT, SO AS TO GIVE THE OCCUPANT TWENTY-FOUR HOURS TO VACATE VOLUNTARILY, PROVIDE THAT IF THE OCCUPANT REFUSES TO VACATE WITHIN TWENTY-FOUR HOURS AND THE PREMISES APPEAR TO BE OCCUPIED AND THE OCCUPANT DOES NOT RESPOND, THE CONSTABLE OR DEPUTY SHERIFF SHALL LEAVE A COPY OF THE WRIT ATTACHED AT THE TOP OF THE DOOR OR IN THE MOST CONSPICUOUS PLACE, TO PROVIDE THAT TWENTY-FOUR HOURS FOLLOWING THE POSTING OF THE WRIT, IF THE OCCUPANTS HAVE NOT VACATED THE PREMISES VOLUNTARILY, THE DEPUTY SHERIFF MAY ENTER THE PREMISES BY FORCE, USING THE LEAST DESTRUCTIVE MEANS POSSIBLE, IN ORDER TO EFFECTUATE THE WRIT.

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

Writ of ejectment

SECTION 1. Section 27-37-160 of the 1976 Code is amended to read:

"Section 27-37-160. In executing a writ of ejectment, the constable or deputy sheriff shall proceed to the premises, present to the occupants a copy of the writ and give the occupants twenty-four hours to vacate voluntarily. If the occupants refuse to vacate within twenty-four hours or the premises appear unoccupied, the constable or deputy sheriff shall announce his identity and purpose. If necessary, the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment. If the premises appear to be occupied and the occupant does not respond, the constable or deputy sheriff shall leave a copy of the writ taped or stapled at each corner and attached at the top of either the front or back door or in the most conspicuous place. Twenty-four hours following the posting of the writ, if the occupants have not vacated the premises voluntarily, the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment. Discretion may be exercised by the constable or deputy sheriff in granting a delay in the dispossession of ill or elderly tenants."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 14th day of July, 1994.