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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 3, 2004
H. 3726
S. Printed 2/3/04--H.
Read the first time March 4, 2003.
To whom was referred a Bill (H. 3726) to amend Section 16-17-495, Code of Laws of South Carolina, 1976, relating to interference with a child custody order, so as to provide circumstances in which a law enforcement officer, 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, Section 16-17-495(F) as contained in SECTION 1, page 2, by adding after line 38:
/ the provisions contained in this subsection apply to children less than sixteen years of age only. /
When amended Section 16-17-495(F) shall read:
/ (F) If a determination of custody has been made by a court order that is shown to a law enforcement officer as evidence of who is the legal custodian of the child, and the law enforcement officer has probable cause to believe that the child has been taken or is being withheld from his legal custodian in violation of this section, and the child is in a specific dwelling, building, structure, or vehicle, then the officer may:
(1) 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
(2) 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 the child's health or safety is in danger.
The provisions contained in this subsection apply to children less than sixteen years of age only. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERFERENCE WITH A CHILD CUSTODY ORDER, SO AS TO PROVIDE CIRCUMSTANCES IN WHICH A LAW ENFORCEMENT OFFICER MAY RECOVER A CHILD WHOM HE BELIEVES HAS BEEN TAKEN OR IS BEING WITHHELD FROM HIS LEGAL CUSTODIAN, AND TO PROVIDE A PENALTY FOR A PERSON WHO KNOWINGLY GIVES FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER DURING THE COURSE OF A DISPUTE INVOLVING THE CUSTODY OF A CHILD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-495 of the 1976 Code is amended to read:
"Section 16-17-495. (A)(1) When a court of competent jurisdiction in this State or another state has awarded custody of a child under the age of sixteen years or when custody of a child under the age of sixteen years is established pursuant to Section 20-7-953(B), it is unlawful for a person with the intent to violate the court order or Section 20-7-953(B) to take or transport, or cause to be taken or transported, the child from the legal custodian for the purpose of concealing the child, or circumventing or avoiding the custody order or statute.
(2) When a pleading has been filed and served seeking a determination of custody of a child under the age of sixteen, it is unlawful for a person with the intent to circumvent or avoid the custody proceeding to take or transport, or cause to be taken or transported, the child for the purpose of concealing the child, or circumventing or avoiding the custody proceeding. It is permissible to infer that a person keeping a child outside the limits of this State for more than seventy-two hours without notice to a legal custodian intended to violate this subsection.
(B) A person who violates subsection (A)(1) or (2) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.
(C) If a person who violates subsection (A)(1) or (2) returns the child to the legal custodian or to the jurisdiction of the court in which the custody petition was filed within three days of the violation, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
(D) Notwithstanding the provisions of this section, if the taking or transporting of a child in violation of subsections subsection (A)(1) or (2), is by physical force or the threat of physical force, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.
(E) A person who violates the provisions of this section may be required by the court to pay necessary travel and other reasonable expenses including, but not limited to, attorney's fees incurred by the party entitled to the custody or by a witness or law enforcement.
(F) If a determination of custody has been made by a court order that is shown to a law enforcement officer as evidence of who is the legal custodian of the child, and the law enforcement officer has probable cause to believe that the child has been taken or is being withheld from his legal custodian in violation of this section, and the child is in a specific dwelling, building, structure, or vehicle, then the officer may:
(1) 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
(2) 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 the child's health or safety is in danger.
(G) 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 in Section 16-17-725."
SECTION 2. This act takes effect upon approval by the Governor.
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