South Carolina General Assembly
113th Session, 1999-2000

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Bill 3338

Indicates Matter Stricken
Indicates New Matter

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

COMMITTEE REPORT

May 12, 1999

H. 3338

Introduced by Reps. Harrison and Knotts

S. Printed 5/12/99--S.

Read the first time March 4, 1999.

THE COMMITTEE ON JUDICIARY

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

REPORT:

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.

A BILL

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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