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Current Status Bill Number:View additional legislative information at the LPITS web site.3698 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010312 Primary Sponsor:Harrison All Sponsors:Harrison Drafted Document Number:l:\council\bills\skb\18263som01.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Child custody order, intentional violation of; duties of law enforcement officer when taken from legal parent; Minors History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010312 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD OUT OF STATE WITH THE INTENT OF VIOLATING A CUSTODY ORDER, SO AS TO PROVIDE THAT, IF LAW ENFORCEMENT HAS PROBABLE CAUSE TO BELIEVE A CHILD HAS BEEN TAKEN FROM HIS LEGAL CUSTODIAN AND IS IN A SPECIFIC LOCATION, LAW ENFORCEMENT MAY SEEK A WARRANT TO RECOVER THE CHILD FROM THAT LOCATION OR, IF THE CHILD IS IN DANGER, MAY ENTER THE LOCATION WITHOUT A WARRANT TO RECOVER THE CHILD; TO PROVIDE THAT IF A COURT HAS MADE A DETERMINATION OF CUSTODY, THE COURT'S ORDER MUST BE SHOWN TO LAW ENFORCEMENT AS EVIDENCE OF WHO IS THE LEGAL CUSTODIAN OF THE CHILD; AND TO PROVIDE THAT KNOWINGLY GIVING FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER SEEKING TO CARRY OUT THE PROVISIONS OF THIS SECTION IS A CRIMINAL OFFENSE.
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 appropriately numbered subsections to read:
"( )(1) 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:
(a) seek a warrant or court order to enter the dwelling, building, structure, or vehicle and use any reasonable means necessary to recover and return the child to his legal custodian; or
(b) enter the dwelling, building, structure, or vehicle without a warrant and use any reasonable means necessary to recover and return the child to his legal custodian if the officer has probable cause to believe:
(i) the child's health or safety is in danger; or
(ii) there is a risk that the person retaining custody of the child in violation of this section would flee with the child before the officer could obtain a warrant to enter the dwelling, building, other structure, or vehicle in search of the child.
(2) If a determination of custody has been made by any court, the court order must be shown to the officer as evidence of who is the legal custodian of the child.
( ) A person who knowingly gives false information to a law enforcement officer during the course of a dispute involving the custody of a child as provided in this section may be charged as provided by Section 16-17-725."
SECTION 2. This act takes effect upon approval by the Governor.
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