Current Status Bill Number:3252 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970116 Primary Sponsor:Kirsh All Sponsors:Kirsh, Meacham, Moody-Lawrence and Simrill Drafted Document Number:dka\3936cm.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Child custody order violation, transporting outside of state; minors, crimes and offenses
Body Date Action Description Com Leg Involved
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House 19970116 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTING OF A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE THE AGE OF A CHILD, THE STAGE OF A COURT PROCEEDING, THE INTENT OF A PERSON TRANSPORTING A CHILD, AND THE LOCATIONS THAT A CHILD MAY BE TRANSPORTED TO, THAT THIS PROVISION APPLIES, TO REVISE THE PERIOD A PERSON WHO VIOLATES THIS PROVISION MAY RETURN A CHILD TO THE COURT'S JURISDICTION, TO PROVIDE THAT THIS PROVISION APPLIES TO A CHILD WHOSE PATERNITY IS TO BE DETERMINED, TO PROVIDE THAT THE TAKING OF A CHILD BY PHYSICAL FORCE OR THE THREAT OF PHYSICAL FORCE IS A FELONY, AND TO PROVIDE PENALTIES, AND TO PROVIDE THAT A PERSON WHO VIOLATES THIS SECTION MAY BE REQUIRED TO PAY THE EXPENSES OF A PARTY AWARDED CUSTODY, HIS WITNESS, OR A LAW ENFORCEMENT AGENCY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-495 of the 1976 Code, as last amended by Act 28 of 1995, is further amended to read:
"Section 16-17-495. (A) When any a court of competent jurisdiction in this State has awarded custody of a child under the age of sixteen years, or has received a request for a court hearing to determine custody of a child, it is a felony for a person with the intent to violate the court order or decree, or avoid a court hearing to determine custody, to take or transport for the purpose to conceal, or cause to be taken or transported for the purpose to conceal, 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 three days after removing the child from this State taking, transporting for the purpose to conceal, or cause the taking or transporting for the purpose to conceal the child, 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.
(B) A child whose custody is determined by Section 20-7-953(B) is protected by this section.
(C) If the taking of a child is by physical force or the threat of physical force, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than fifteen years, or both.
(D) A person who violates a provision contained in this section may be required by the court to pay the necessary travel expenses, attorney's fees, and other expenses incurred by the party awarded custody of the child, his witness, or a law enforcement agency."
SECTION 2. This act takes effect upon approval by the Governor.