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Indicates Matter Stricken
Indicates New Matter
Sponsors: Rep. Kirsh
Document Path: l:\council\bills\bbm\10519ahb05.doc
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary
Summary: Person convicted of Criminal Sexual Conduct does not have custody rights
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/11/2005 House Introduced and read first time HJ-146 1/11/2005 House Referred to Committee on Judiciary HJ-146
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A CRIMINAL SEXUAL CONDUCT OFFENSE DOES NOT HAVE CUSTODY RIGHTS OF OR RIGHTS OF INHERITANCE FROM A CHILD BORN AS RESULT OF THE OFFENSE; TO AMEND SECTION 16-9-340, RELATING TO INTIMIDATION OF COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO ADD THAT IT IS UNLAWFUL FOR A DEFENDANT IN A CRIMINAL PROCEEDING TO THREATEN A WITNESS WITH THE ASSERTION OR DENIAL OF PARENTAL RIGHTS; AND TO AMEND SECTION 20-7-1695, AS AMENDED, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT.
SECTION 1. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-750. Notwithstanding another provision of law, upon conviction of a criminal sexual conduct offense as defined in Sections 16-3-652 through 16-3-655, a person does not have rights to custody of or rights of inheritance from a child born as result of the commission of the offense."
SECTION 2. Section 16-9-340 of the 1976 Code is amended to read:
"Section 16-9-340. (A) It is unlawful for a person by threat or force to:
(1) intimidate or impede a judge, magistrate, juror, witness, or potential juror or witness, arbiter, commissioner, or member of any commission of this State or any other official of any court, in the discharge of his duty as such; or
(2) destroy, impede, or attempt to obstruct or impede the administration of justice in any court.
(B) It is unlawful for a defendant in a criminal proceeding to threaten a witness in the defendant's case with the assertion or denial of parental rights.
(C) A person who violates the provisions of subsection (A) or (B) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both."
SECTION 3. Section 20-7-1695(A) of the 1976 Code, as last amended by Act 653 of 1988, is further amended to read:
"(A) Notwithstanding the provisions of Section 20-7-1690, consent or relinquishment for the purpose of adoption is not required of the following persons:
(1) a parent whose rights with reference to the adoptee have been terminated pursuant to Subarticle 3, Article 11, Chapter 7 of Title 20;
(2) a parent whom the family court finds to be mentally incapable of giving consent or relinquishment for the purpose of adoption and whom the court finds to be unlikely to provide minimally acceptable care of the adoptee and whose capacity is unlikely to be restored for a reasonable period of time, and, in the court's judgment, it would be detrimental to the adoptee to delay adoption. The court shall appoint a guardian ad litem for an incompetent parent for whom there has been no prior appointment and shall appoint independent counsel for an incompetent parent who is indigent. However, upon good cause shown, the court may waive the requirement for the appointment of independent counsel for an incompetent and indigent parent; or
(3) the biological father of a child conceived as a result of criminal sexual conduct as defined in Sections 16-3-652 through 16-3-655."
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor.
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