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COMMITTEE REPORT
May 22, 2002
H. 4431
Introduced by Reps. Rodgers, Simrill, Meacham-Richardson and Gilham
S. Printed 5/22/02--S.
Read the first time February 12, 2002.
To whom was referred a Bill (H. 4431) to amend Section 20-4-30, Code of Laws of South Carolina, 1976, relating to Family Court jurisdiction and venue for actions seeking an order of protection from domestic abuse, 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, page 1, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 20-4-30 of the 1976 Code is amended to read:
"Section 20-4-30. (A) The Family Court has jurisdiction over all proceedings under this chapter except that, during nonbusiness hours or at other times when the court is not in session, the petition may be filed with a magistrate. The magistrate may issue an order of protection granting only the relief provided by Section 20-4-60(a)(1).
(B) Actions Except as provided in subsection (C), actions for an order of protection shall must be filed in the county (a) in which the respondent resides at the time of the commencement of the action, (b) in which the petitioner resides if the respondent is a nonresident or after due diligence cannot be found, or (c) in which the parties last resided together unless the petitioner is a nonresident in which case it must be brought in the county in which the respondent resides:
(1) the alleged act of abuse occurred;
(2) the petitioner resides or is sheltered, unless the petitioner is a nonresident of the State;
(3) the respondent resides, unless the respondent is a nonresident of the State; or
(4) the parties last resided together.
(C)(1) If the action is filed in the county in which the petitioner resides or is sheltered and the respondent is a nonresident of that county, the petitioner must request that the action be immediately transferred to another county in which venue is proper and must include a supplemental petition that designates the transfer county and that changes all specific references to the county of filing to the transfer county. The clerk of court must transfer and forward the supplemental petition to the transfer county.
(2) If the petitioner is a nonresident of the State, the action must be filed in the county specified in item (1), (3), or (4) of subsection (B).
(3) If the respondent is a nonresident of the State, the petitioner may request that the action be immediately transferred to another county in which venue is proper and must include a supplemental petition that designates the transfer county and that changes all specific references to the county of filing to the transfer county. The clerk of court must transfer and forward the supplemental petition to the transfer county.
(D) Hearings on the petition may be held in any county in the same judicial circuit as the county in which the action is filed or to which the action is transferred."
SECTION 2. Section 20-4-50 of the 1976 Code is amended to read:
"Section 20-4-50. (a) Within twenty-four hours after service of a petition under this chapter upon the respondent, the court may, for good cause shown, hold an emergency hearing and issue an order of protection if the petitioner proves the allegation of abuse by a preponderance of the evidence. A prima facie showing of immediate and present danger of bodily injury, which may be verified by supporting affidavits, shall constitute constitutes good cause for purposes of this section.
(b) If the court denies the motion for a twenty-four hour hearing or such a hearing is not requested, the petitioner may request and the court shall must grant a hearing within fifteen days of the filing of a petition. The court shall must cause a copy of the petition to be served upon the respondent at least five days prior to such the hearing, except as provided in subsection (a), in the same
manner required for service in the circuit courts. Where such service is not accomplished five days prior to the hearing, the respondent, upon his motion, is entitled to a continuance until such time is necessary to provide for compliance with this section.
(c) The hearings referred to in this section may be scheduled in any county within the judicial."
SECTION 3. This act takes effect upon approval by the Governor and applies to orders of protection filed on or after the effective date. /
Renumber sections to conform.
Amend title to conform.
SCOTT H. RICHARDSON for Committee.
EXPLANATION OF IMPACT:
The Judicial Department indicates there will be no fiscal impact on the General Fund of the State or on federal and/or other funds.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 20-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND VENUE FOR ACTIONS SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE WHERE AN ACTION MAY BE BROUGHT TO INCLUDE THE COUNTY IN WHICH THE ALLEGED ACT OF ABUSE OCCURRED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-4-40 of the 1976 Code, as last amended by Act 396 of 1996, is further amended to read:
"Section 40-4-40. There is created an action known as a 'Petition for an Order of Protection' in cases of abuse to a household member.
(a)(1) A petition for relief under this section may be made by any household members in need of protection or by any household members on behalf of minor household members.
(b)(2) A petition for relief must allege the existence of abuse to a household member. It must state the specific time, place, details of the abuse, and other facts and circumstances upon which relief is sought and must be verified.
(c)(3) The petition must inform the respondent of the right to retain counsel.
(d)(4) In a pending action for divorce or separate support and maintenance, the petition for relief shall be brought in the form of a motion for further relief and shall be served on counsel of record, if any. Where no action is pending, the petition shall be filed and served as an independent action.
(5) A petition for an order for protection must be filed in the county in which:
(a) the alleged act of abuse occurred;
(b) the petitioner resides, or is sheltered;
(c) the respondent resides; or
(d) the parties last resided together.
However, the petition must designate the proper county of venue, in accordance with Section 20-4-30. If the county in which the petition is initially filed is not the proper county of venue, as designated in the petition, the clerk of court shall forward the petition to the proper county of venue where it must be filed as if the action had been initiated in that county.
(e)(6) The clerk of court must provide simplified forms which will facilitate the preparation and filing of a petition under this section by any person not represented by counsel, including motions and affidavits to proceed in forma pauperis.
(f)(7) The clerk of court may not charge a fee for filing a petition for an order for protection from domestic abuse."
SECTION 2. This act takes effect upon approval by the Governor.
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