S*0316(Rat #0048, Act #0028 of 1995)  General Bill, By Courtney
 A Bill to amend Section 16-17-495, Code of Laws of South Carolina, 1976,
 relating to transporting a child under sixteen years of age outside of the
 State with intent to violate a custody order, so as to revise the penalties.

   01/10/95  Senate Introduced and read first time SJ-132
   01/10/95  Senate Referred to Committee on Judiciary SJ-132
   01/25/95  Senate Committee report: Favorable Judiciary SJ-15
   01/26/95  Senate Read second time SJ-15
   01/26/95  Senate Ordered to third reading with notice of
                     amendments SJ-15
   01/31/95  Senate Read third time and sent to House SJ-12
   02/01/95  House  Introduced and read first time HJ-14
   02/01/95  House  Referred to Committee on Judiciary HJ-14
   03/29/95  House  Committee report: Favorable Judiciary HJ-11
   03/30/95  House  Read second time HJ-17
   03/30/95  House  Unanimous consent for third reading on next
                     legislative day HJ-18
   03/31/95  House  Read third time and enrolled HJ-1
   04/05/95         Ratified R 48
   04/10/95         Signed By Governor
   04/10/95         Effective date 04/10/95
   04/24/95         Copies available
   04/24/95         Act No. 28

AN ACT TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE OF THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE THE PENALTIES.

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

Transporting child out of state; penalties revised

SECTION 1. Section 16-17-495 of the 1976 Code is amended to read:

"Section 16-17-495. When any court of competent jurisdiction in this State has awarded custody of a child under the age of sixteen years, it is a felony for a person with the intent to violate the court order to take or transport, or cause to be taken or transported, the child from any point within this State to any point outside the limits of this State or to keep the child outside the limits of this State. This crime is punishable by a fine in the discretion of the court or by imprisonment for not more than five years, or both. It is permissible to infer that a person keeping a child outside the limits of the State in violation of a court order for a period in excess of seventy-two hours intended to violate the order at the time of taking. If the person violating the provisions of this section returns the child to the jurisdiction of the court issuing the order within seven days after removing the child from this State, 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."

Time effective

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

Approved the 10th day of April, 1995.