Current Status Bill Number:413 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970226 Primary Sponsor:Alexander All Sponsors:Alexander Drafted Document Number:jic\5047ac.97 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Child custody, right of; unlawful to take child without good cause, Minors, Crimes and Offenses
Body Date Action Description Com Leg Involved
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Senate 19970226 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-497 SO AS TO MAKE IT UNLAWFUL, IN THE ABSENCE OF A CUSTODY ORDER, FOR A PERSON WHO HAS A RIGHT OF CUSTODY TO MALICIOUSLY TAKE A CHILD WITHOUT GOOD CAUSE FROM ANOTHER PERSON WITH THE INTENT TO DEPRIVE THE CUSTODY RIGHT OF THAT PERSON AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-17-497. (A) In the absence of a court order determining rights of custody of or visitation with a minor child, it is unlawful for a person having a right of custody to the child to maliciously take, detain, conceal, or entice away that child within or without the State, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child.
(B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned for not more than three years, or both.
(C) Expenses reasonably incurred by the person or the public agency deprived of the custody right to the child must be assessed against a person convicted under or who pled guilty or nolo contendere to this section.
(D) A subsequently obtained court order for custody or visitation does not affect the application of this section to prior acts.
(E) As used in this section:
'Good cause' means a good faith and reasonable belief that the taking, detaining, concealing, or enticing away of the child is necessary to protect the child from immediate bodily injury. 'Good cause' also requires the person who takes, detains, conceals, or entices away the child to file a report with the law enforcement office of jurisdiction within forty-eight hours of taking, detaining, concealing, or enticing the child and to file a petition for custody within a reasonable time in the family court in the county in which the child had been residing."
SECTION 2. This act takes effect upon approval by the Governor.