South Carolina General Assembly
115th Session, 2003-2004

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S. 1199

STATUS INFORMATION

General Bill
Sponsors: Senator Thomas
Document Path: l:\council\bills\ms\7277ahb04.doc

Introduced in the Senate on April 27, 2004
Currently residing in the Senate Committee on Judiciary

Summary: Serving a summons in gated communities

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   4/27/2004  Senate  Introduced and read first time SJ-6
   4/27/2004  Senate  Referred to Committee on Judiciary SJ-6

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/27/2004

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-9-18 SO AS TO PROVIDE THAT A PROCESS SERVER MAY SERVE A SUMMONS, COMPLAINT, OR OTHER JUDICIAL DOCUMENT ON PERSONS RESIDING IN GATED RESIDENTIAL COMMUNITIES AND TO PROVIDE THAT A PERSON GUARDING THE GATE MAY BE HELD IN CONTEMPT OF COURT FOR INTERFERING WITH THE PROPER EXECUTION OF LEGAL PROCESS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 9, Title 15 of the 1976 Code is amended by adding:

"Section 15-9-18.    (A)    Notwithstanding another provision of law, a process server may serve a summons, complaint, or other judicial document on persons residing in gated residential communities. A person guarding the entrance to a gated residential community may not deny entrance to a process server if he presents:

(1)    proper picture identification; and

(2)    the summons, complaint, or other judicial document for review.

(B)    If the person guarding the entrance to a gated residential community refuses to allow the process server entry after the requirements of subsection (A) are met, he must be considered to be interfering with or attempting to interfere with the proper execution of legal process and may be found in contempt of court."

SECTION    2.    This act takes effect upon approval by the Governor.

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