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Current Status Bill Number:View additional legislative information at the LPITS web site.3465 Ratification Number:452 Act Number:397 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990204 Primary Sponsor:Easterday All Sponsors:Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer Drafted Document Number:l:\council\bills\gjk\20152som99.doc Residing Body:Senate Date Bill Passed both Bodies:20000622 Date of Last Amendment:20000622 Governor's Action:S Date of Governor's Action:20000817 Subject:Marriage, minimum age for male and female is sixteen, license; Domestic Relations, Minors, Courts, Juvenile Justice History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000824 Act No. A397 ------ 20000817 Signed by Governor ------ 20000622 Ratified R452 Senate 20000622 Conference Committee Report 88 SCC adopted, enrolled for ratification House 20000622 Conference Committee Report adopted 98 HCC Senate 20000601 Conference powers granted, 88 SCC Martin appointed Senators to Committee Short of Conference Hutto House 20000601 Conference powers granted, 98 HCC Easterday appointed Reps. to Committee of Harris Conference Campsen House 20000601 Insists upon amendment Senate 20000601 Non-concurrence in House amendment House 20000601 Senate amendments amended, returned to Senate with amendment Senate 20000531 Amended, read third time, returned to House with amendment Senate 20000323 Read second time, notice of general amendments Senate 20000322 Committee report: Favorable 11 SJ Senate 19990422 Introduced, read first time, 11 SJ referred to Committee House 19990421 Read third time, sent to Senate House 19990420 Amended, read second time House 19990414 Committee report: Favorable with 25 HJ amendment House 19990204 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on April 14, 1999 - Word format Revised on April 20, 1999 - Word format Revised on March 22, 2000 - Word format Revised on May 31, 2000 - Word format Revised on June 1, 2000 - Word format Revised on June 22, 2000 - Word format
(A397, R452, H3465)
AN ACT TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN; TO AMEND SECTION 20-1-250, RELATING TO CONSENT TO MARRY, SO AS TO PROVIDE IF EITHER APPLICANT IS UNDER EIGHTEEN, CONSENT OF A RELATIVE OR GUARDIAN IS REQUIRED BEFORE A MARRIAGE LICENSE IS ISSUED; AND TO AMEND SECTION 20-7-7810, RELATING TO JUVENILE COMMITMENT, SO AS TO REVISE THE REQUIREMENTS AND PROVIDE THAT A JUVENILE ADJUDICATED DELINQUENT OF A STATUS OFFENSE, EXCLUDING TRUANCY, OR WHO IS IN CONTEMPT OF COURT FOR VIOLATING A COURT ORDER CONCERNING SCHOOL ATTENDANCE OR THE ADJUDICATION OF DELINQUENCY FOR A STATUS OFFENSE, OR WHO IS DETERMINED BY A COURT TO HAVE VIOLATED CONDITIONS OF PROBATION SET FORTH IN A COURT ORDER CONCERNING THE ADJUDICATION OF DELINQUENCY FOR A STATUS OFFENSE INCLUDING TRUANCY MAY BE COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE, AND TO PROVIDE FOR THE INCLUSION OF CERTAIN INFORMATION IN THE COURT'S ORDER.
Be it enacted by the General Assembly of the State of South Carolina:
Minimum age for marriage is sixteen
SECTION 1. Section 20-1-100 of the 1976 Code, as added by Act 95 of 1997, is amended to read:
"Section 20-1-100. Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio."
Approval of relative required if either applicant under eighteen
SECTION 2. Section 20-1-250 of the 1976 Code is amended to read:
"Section 20-1-250. A marriage license must not be issued when either applicant is under the age of sixteen. When either applicant is between the ages of sixteen to eighteen and that applicant resides with father, mother, other relative, or guardian, the probate judge or other officer authorized to issue marriage licenses shall not issue a license for the marriage until furnished with a sworn affidavit signed by the father, mother, other relative, or guardian giving consent to the marriage."
Commitment for status offense adjudication, except truancy, violation of court order, or violation of probation
SECTION 3. Section 20-7-7810(F) of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"(F) Notwithstanding subsections (A) and (E), a child may be committed to the custody of the Department of Juvenile Justice or to a secure evaluation center operated by the department for a determinate period not to exceed ninety days when:
(1) the child has been adjudicated delinquent by a family court judge for a status offense, as defined in Section 20-7-6605, excluding truancy, and the order acknowledges that the child has been afforded all due process rights guaranteed to a child offender;
(2) the child is in contempt of court for violation of a court order to attend school or an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605; or
(3) the child is determined by the court to have violated the conditions of probation set forth by the court in an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605, including truancy.
Orders issued pursuant to this subsection must acknowledge:
(a) that the child has been advised of all due process rights afforded to a child offender; and
(b) that the court has received information from the appropriate state or local agency or public entity that has reviewed the facts and circumstances causing the child to be before the court.
A child committed under this section may not be confined with a child who has been determined by the department to be violent."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 22nd day of June, 2000.
Approved the 17th day of August, 2000.
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