South Carolina General Assembly
107th Session, 1987-1988

Bill 4004


                    Current Status

Bill Number:               4004
Ratification Number:       744
Act Number                 636
Introducing Body:          House
Subject:                   Relating to the conduct of family court
                           hearings involving children
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A636, R744, H4004)

AN ACT TO AMEND SECTION 20-7-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF FAMILY COURT HEARINGS INVOLVING CHILDREN, SO AS TO PROVIDE FOR THE HEARINGS TO BE CONDUCTED IN A FORMAL INSTEAD OF INFORMAL MANNER AND DELETE THE PROVISION REQUIRING A TRANSCRIPT OF THE HEARINGS IF THE COURT ORDERS IT.

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

Formal hearings; no transcript

SECTION 1. Section 20-7-755 of the 1976 Code is amended to read:

"Section 20-7-755. All cases of children must be dealt with as separate hearings by the court and without a jury. The hearings must be conducted in a formal manner and may be adjourned from time to time. The general public must be excluded and only persons the judge finds to have a direct interest in the case or in the work of the court may be admitted. The presence of the child in court may be waived by the court at any stage of the proceedings. Hearings may be held at any time or place within the county designated by the judge. In any case where the delinquency proceedings may result in commitment to an institution in which the child's freedom is curtailed, the privilege against self-incrimination and the right of cross-examination must be preserved. In all cases where required by law, the child must be accorded all rights enjoyed by adults, and where not required by law the child must be accorded adult rights consistent with the best interests of the child."

Time effective

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