S*0134(Rat #0184, Act #0175 of 2002)  General Bill, By Holland

Similar(H 3509)
 A BILL TO AMEND SECTION 16-3-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN
 HARASSMENT OR STALKING, SO AS TO PROVIDE THAT A COURT MAY NOT CHARGE A FILING
 FEE FOR A COMPLAINT OR MOTION FOR A RESTRAINING ORDER AGAINST A PERSON ENGAGED
 IN HARASSMENT OR STALKING.

   01/11/01  Senate Introduced and read first time SJ-16
   01/11/01  Senate Referred to Committee on Judiciary SJ-16
   02/28/01  Senate Committee report: Favorable Judiciary SJ-7
   03/01/01  Senate Read second time SJ-14
   03/01/01  Senate Ordered to third reading with notice of
                     amendments SJ-14
   03/06/01  Senate Read third time and sent to House SJ-25
   03/07/01  House  Introduced and read first time HJ-9
   03/07/01  House  Referred to Committee on Judiciary HJ-9
   02/06/02  House  Committee report: Favorable with amendment
                     Judiciary HJ-6
   02/07/02  House  Amended HJ-36
   02/07/02  House  Read second time HJ-36
   02/07/02  House  Unanimous consent for third reading on next
                     legislative day HJ-37
   02/08/02  House  Read third time and returned to Senate with
                     amendments HJ-4
   02/20/02  Senate House amendment amended SJ-17
   02/20/02  Senate Returned to House with amendments SJ-17
   02/26/02  House  Concurred in Senate amendment and enrolled HJ-31
   02/27/02         Ratified R 184
   03/05/02         Signed By Governor
   03/12/02         Act No. 175
   03/13/02         Copies available
   03/13/02         Effective date 03/05/02

AN ACT TO AMEND SECTION 16-3-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT A COURT MAY NOT CHARGE A FILING FEE FOR A COMPLAINT OR MOTION FOR A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING.

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

No filing fee to file complaint or to obtain restraining order for harassment for stalking

SECTION 1. Section 16-3-1750 of the 1976 Code, as added by Act 94 of 1995, is amended to read:

"Section 16-3-1750. (A) Under this article, the magistrates court has jurisdiction over an action seeking a restraining order against a person engaged in harassment or stalking.

(B) An action for a restraining order must be filed in the county in which:

(1) the defendant resides when the action commences;

(2) the harassment or stalking occurred; or

(3) the plaintiff resides if the defendant is a nonresident of the State or cannot be found.

(C) A complaint and motion for a restraining order may be filed by any person. The complaint must:

(1) allege that the defendant is engaged in harassment or stalking and must state the time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought;

(2) be verified; and

(3) inform the defendant of his right to retain counsel to represent him at the hearing on the complaint.

(D) The magistrates court must provide forms to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel. The court must not charge a fee for filing a complaint and motion for a restraining order against a person engaged in harassment or stalking.

(E) Notwithstanding any other provision of law, a restraining order or a temporary restraining order issued pursuant to this article is enforceable throughout this State."

Time effective

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

Ratified the 27th day of February, 2002.

Approved the 5th day of March, 2002.