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Indicates Matter Stricken
Indicates New Matter
H. 3132
STATUS INFORMATION
General Bill
Sponsors: Rep. H.B. Brown
Document Path: l:\council\bills\ms\7043ahb11.docx
Introduced in the House on January 11, 2011
Currently residing in the House Committee on Judiciary
Summary: Domestic abuse
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/7/2010 House Prefiled
12/7/2010 House Referred to Committee on Judiciary
1/11/2011 House Introduced and read first time (House Journal-page 57)
1/11/2011 House Referred to Committee on Judiciary
(House Journal-page 57)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 20-4-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS REGARDING ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE FOR A TEN-DAY TEMPORARY ORDER OF PROTECTION FOR ABUSED PERSONS OR PERSONS ON WHOSE BEHALF A PETITION IS FILED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-4-50 of the 1976 Code, as last amended by Act 329 of 2002, is further amended to read:
"Section 20-4-50. (aA) Within twenty-four hours after service of a petition under pursuant to the provisions of this chapter upon the respondent, the court may, for good cause shown, may 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, constitutes good cause for purposes of this section.
(bB) 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 must grant the petitioner a ten-day temporary order of protection and schedule a hearing within fifteen days of the filing of a petition. The court must cause a copy of the petition to be served upon the respondent at least five days prior to the hearing, except as provided in subsection (aA), in the same manner required for service in the circuit courts. Where When 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."
SECTION 2. This act takes effect upon approval by the Governor.
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