South Carolina General Assembly
116th Session, 2005-2006

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Bill 4318

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Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 8, 2006

H. 4318

Introduced by Reps. Lucas, Altman, Vaughn, G.R. Smith, Cotty, Whipper, G.M. Smith, Moody-Lawrence, Brady and Ceips

S. Printed 2/8/06--H.

Read the first time January 10, 2006.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4318) to amend Section 20-4-60, as amended, Code of Laws of South Carolina, 1976, relating to orders of protection from domestic abuse and the authority, etc., respectfully

REPORT:

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, by adding an appropriately numbered SECTION to read:

/SECTION    __.    Section 20-4-65 of the 1976 Code is amended to read:

"Section 20-4-65.    (A)    A person seeking an order of protection from domestic abuse pursuant to the provisions of this chapter is not required to pay the filing fee as provided for in Section 8-21-310(11)(a).

(B)    If the court issues an order of protection, the court may order the respondent to pay the filing fee required by Section 8-21-310(11)(a). Failure to comply with this requirement is punishable as contempt of court."/

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 20-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS OF PROTECTION FROM DOMESTIC ABUSE AND THE AUTHORITY OF THE COURT IN CONNECTION WITH ISSUING SUCH ORDERS, SO AS TO PROVIDE THAT THE COURT ALSO MAY AWARD THE COST OF MEDICAL TREATMENT RECEIVED BY THE PETITIONER AS A RESULT OF THE ABUSE THAT GAVE RISE TO THE ORDER OF PROTECTION.

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

SECTION    1.    Section 20-4-60(c)(7) of the 1976 Code is amended to read:

"(7)    Award the cost of any medical treatment received by the petitioner as a result of the abuse that gave rise to the order of protection.

(8)    Award any other relief authorized by Section 20-7-420; provided, however, the court must have due regard for any prior family court orders issued in an action between the parties."

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

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