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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
May 23, 2002
H. 4431
Introduced by Reps. Rodgers, Simrill, Meacham-Richardson and Gilham
S. Printed 5/23/02--S.
Read the first time February 12, 2002.
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.
Amend Title To Conform
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.
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