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3338Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990126Primary Sponsor: HarrisonAll Sponsors: Harrison, KnottsDrafted Document Number: l:\council\bills\gjk\20172som99.docResiding Body: SenateSubject: Child custody order, concealing of child unlawful; Law Enforcement officer, Minors, Crimes and OffensesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990512 Committee report: Favorable with 11 SJ amendment Senate 19990304 Introduced, read first time, 11 SJ referred to Committee House 19990303 Read third time, sent to Senate House 19990302 Read second time House 19990224 Committee report: Favorable 25 HJ House 19990223 Co-Sponsor added (Rule 5.2) by Rep. Knotts House 19990126 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on February 24, 1999 - Word format Revised on May 12, 1999 - Word format
May 12, 1999
S. Printed 5/12/99--S.
Read the first time March 4, 1999.
To whom was referred a Bill (H. 3338), to amend Section 16-17-495, as amended, Code of Laws of South Carolina, 1976, relating to the offense of concealing a child with the intent of violating a custody order, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 16-17-495 of the 1976 Code, as last amended by Act 95 of 1997, is further amended by adding an appropriately numbered subsection to read:
"( ) A law enforcement officer who has probable cause to believe that a child has been taken or is being withheld from his legal custodian in violation of this section and that the child is in a specific dwelling, building, structure, or vehicle may enter the dwelling, building, structure, or vehicle and use any reasonable means necessary to recover and return the child."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
C. TYRONE COURTNEY, for Committee.
TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CONCEALING A CHILD WITH THE INTENT OF VIOLATING A CUSTODY ORDER, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER, WHO HAS PROBABLE CAUSE TO BELIEVE A CHILD IS BEING CONCEALED FROM HIS LEGAL CUSTODIAN AND WHO IS ATTEMPTING TO RETURN THE CHILD TO HIS LEGAL CUSTODIAN, MAY ENTER A DWELLING, BUILDING, OTHER STRUCTURE, OR VEHICLE AND USE REASONABLE MEANS TO RECOVER AND RETURN THE CHILD TO HIS LEGAL CUSTODIAN.
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 95 of 1997, is further amended by adding an appropriately numbered subsection to read:
"( ) A law enforcement officer, who has probable cause to believe a child has been taken from his legal custodian in violation of this section and who is attempting to return the child to his legal custodian, may enter a dwelling, building, other structure, or vehicle and use any reasonable means necessary to recover and return the child."
SECTION 2. This act takes effect upon approval by the Governor.
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