South Carolina General Assembly
112th Session, 1997-1998

Bill 89


                    Current Status

Bill Number:                    89
Ratification Number:            284
Act Number:                     270
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970114
Primary Sponsor:                Holland 
All Sponsors:                   Holland 
Drafted Document Number:        s-jud\holland\jud9005.dhh
Date Bill Passed both Bodies:   19980212
Date of Last Amendment:         19980210
Governor's Action:              S
Date of Governor's Action:      19980407
Subject:                        Domestic violence, order of
                                protection from, duration of; domestic
                                relations, crimes and offenses

History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980423  Act No. A270
------  19980407  Signed by Governor
------  19980401  Ratified R284
Senate  19980212  Concurred in House amendment,
                  Enrolled for ratification
House   19980211  Read third time, returned to Senate
                  with amendment
House   19980210  Amended, read second time
House   19980204  Committee report: Favorable with         25 HJ
                  amendment
House   19970416  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19970415  Read third time, sent to House
Senate  19970410  Read second time
Senate  19970409  Committee report: Favorable              11 SJ
Senate  19970114  Introduced, read first time,             11 SJ
                  referred to Committee


View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A270, R284, S89)

AN ACT TO AMEND SECTION 20-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT AN ORDER OF PROTECTION BE ISSUED FOR A MINIMUM PERIOD OF SIX MONTHS AND TO AUTHORIZE THE COURT TO DISMISS THE ACTION WITHOUT A HEARING IF THE PARTIES RECONCILE.

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

Minimum duration for order of protection; dismissal upon reconciliation

SECTION 1. Section 20-4-70 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:

Section 20-4-70. (A) An order of protection issued under Section 20-4-60 must be for a fixed time not less than six months nor more than one year unless the parties have reconciled as evidenced by an order of dismissal and may be extended or terminated by order of the court upon motion by either party showing good cause with notice to the other party. A respondent has the right to a hearing on the extension of an order issued pursuant to this section within thirty days of the date upon which the order will expire. If the parties reconcile, the issuing court may grant an order of dismissal without a hearing if the petitioner receiving the order of protection to be dismissed appears personally at the offices of the issuing court, shows proper identification, and signs a written request to dismiss based on the reconciliation.

(B) Provisions included in an order of protection granting relief pursuant to Section 20-4-60(c) must be enforced until further order of the court following the issuance of the order unless before the expiration of the period the court has scheduled a hearing pursuant to the filing of an action for divorce or separate support and maintenance to determine the temporary rights and obligations of the parties with respect to support of a spouse or children, custody and visitation, or the distribution of personal property. If the hearing has been scheduled, relief granted under Section 20-4-60(c) remains in effect until an order pursuant to the hearing is issued by the court.

(C) The family court may modify the terms of any order issued under this section.

(D) An order of protection issued by a magistrate expires as provided under the terms of the order or upon the issuance of a subsequent order by the family court, whichever occurs first.

Time effective

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

Approved the 7th day of April, 1998.