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COMMITTEE REPORT
February 24, 1999
H. 3338
S. Printed 2/24/99--H.
Read the first time January 26, 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:
JAMES H. HARRISON, 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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