A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 20-4-20, RELATING TO DOMESTIC ABUSE PROTECTION DEFINITIONS, SO AS TO ADD A DEFINITION FOR "VICTIM ADVOCATE"; BY AMENDING SECTION 20-4-40, RELATING TO PETITIONS FOR AN ORDER OF PROTECTION, SO AS TO ALLOW A VICTIM ADVOCATE TO FILE A PETITION FOR AN ORDER OF PROTECTION OR A MOTION FOR FURTHER RELIEF ON BEHALF OF A HOUSEHOLD MEMBER; AND BY AMENDING SECTION 20-4-50, RELATING TO HEARINGS ON A PETITION FOR AN ORDER OF PROTECTION, SO AS TO MAKE CONFORMING CHANGES.

 

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

 

SECTION 1.  Section 20-4-20 of the S.C. Code is amended by adding:

 

    (g) "Victim advocate" means a "victim service provider," as defined in Section 16-3-1420, who speaks the survivor's preferred language or uses the services of a qualified interpreter.

 

SECTION 2.  Section 20-4-40 of the S.C. Code is amended to read:

 

    Section 20-4-40. There is created an action known as a "Petition for an Order of Protection" in cases of abuse to a household member.

    (a) A petition for relief under this section may be made by any household members in need of protection or by any household members on behalf of minor household members. A victim advocate may file a petition for an order of protection on behalf of a household member.

    (b) A petition for relief must allege the existence of abuse to a household member. It must state the specific time, place, details of the abuse, and other facts and circumstances upon which relief is sought and must be verified.

    (c) The petition must inform the respondent of the right to retain counsel.

    (d)(1) In a pending action for divorce or separate support and maintenance, the petition for relief shall be brought in the form of a motion for further relief and shall be served on counsel of record, if any. A victim advocate may file and serve the motion for further relief on behalf of a household member, even if the household member is represented by legal counsel in the pending action.

       (2) Where no action is pending, the petition shall be filed and served as an independent action.

       (3) A pending motion or petition for relief shall not be dismissed solely because the underlying action is dismissed.

       (4) If, subsequent to filing a petition for an order of protection pursuant to subsection (a), the petitioner or respondent files an action for divorce or separate support and maintenance, the court shall consolidate the petition for an order of protection with the action for divorce or separate support and maintenance and treat the petition for an order of protection as a motion for further relief in the action for divorce or separate support and maintenance. The court shall hold the requisite hearings on the motion for further relief as required by Section 20-4-50.

    (e) The clerk of court must provide simplified forms which will facilitate the preparation and filing of a petition or motion for further relief under this section by any person, whether or not represented by counsel, including motions and affidavits to proceed in forma pauperis.

    (f) The clerk of court may not charge a fee for filing a petition for an order for protection from domestic abuse.

 

SECTION 3.  Section 20-4-50 of the S.C. Code is amended to read:

 

    Section 20-4-50. (a) Within twenty-four hours after service of a petition or motion for further relief under this chapter upon the respondent, the court may, for good cause shown, 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.

    (b) 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 a hearing within fifteen days of the filing of a petition or motion for further relief. The court must cause a copy of the petition or motion for further relief to be served upon the respondent at least five days prior to the hearing, except as provided in subsection (a), in the same manner required for service in the circuit courts. Where 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 4.  This act takes effect upon approval by the Governor.

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