Current Status Bill Number:
4486Ratification Number: 377Act Number: 312Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19980122Primary Sponsor: JenningsAll Sponsors: Jennings, Inabinett, Kirsh, Meacham, H. Brown, Spearman, Moody-Lawrence, Neilson, J. Hines, Cobb-Hunter, Seithel, Bailey, Battle, D. Smith, Tripp, Harrison, Rodgers, Leach, Scott, Gamble, Govan, McCraw, Riser, Stille, Stuart, Young-Brickell, Vaughn, Keegan, Neal, Kelley, Loftis, Witherspoon, Cato, A. Harris, Wilder, Stoddard, McMaster, Jordan, Martin and CromerDrafted Document Number: psd\7122ac.98Date Bill Passed both Bodies: 19980520Date of Last Amendment: 19980513Governor's Action: SDate of Governor's Action: 19980527Subject: Domestic violence, protection orders; when issued in another state; Domestic Relations
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980611 Act No. A312 ------ 19980527 Signed by Governor ------ 19980521 Ratified R377 House 19980520 Concurred in Senate amendment, enrolled for ratification Senate 19980514 Read third time, returned to House with amendment Senate 19980513 Amended, read second time, ordered to third reading with notice of general amendments Senate 19980513 Committee amendment adopted Senate 19980408 Committee report: Favorable with 11 SJ amendment Senate 19980303 Introduced, read first time, 11 SJ referred to Committee House 19980227 Read third time, sent to Senate House 19980226 Read second time, unanimous consent for third reading on the next Legislative day House 19980226 Amended House 19980225 Committee report: Favorable with 25 HJ amendment House 19980122 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
(A312, R377, H4486)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-140 SO AS TO PROVIDE THAT A VALID PROTECTION ORDER RELATED TO DOMESTIC OR FAMILY VIOLENCE ISSUED IN ANOTHER STATE IS VALID IN THIS STATE AND MUST BE ENFORCED AS IF IT WERE ISSUED IN THIS STATE; TO PROVIDE THE PREREQUISITES TO AND PROCEDURES FOR ENFORCING SUCH ORDER; TO PROVIDE CIVIL AND CRIMINAL IMMUNITY; TO AMEND SECTION 16-25-50, AS AMENDED, RELATING TO PENALTIES FOR VIOLATION OF AN ORDER OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO ALSO APPLY THE PENALTIES TO VIOLATIONS OF ORDERS ISSUED IN ANOTHER STATE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO ORDER SIBLING VISITATION.
Be it enacted by the General Assembly of the State of South Carolina:
Enforcement of a protection order from another state
SECTION 1. The 1976 Code is amended by adding:
Section 20-4-140. (A) A valid protection order related to domestic or family violence, issued by a court of another state, tribe, or territory must be accorded full faith and credit by the courts of this State and enforced as if it were issued in this State even if the relief granted to the petitioner in the foreign order would not be available under the laws of this State. A valid protection order related to domestic or family violence issued by a county in this State must be accorded full faith and credit by all courts of this State but must be limited to relief available under South Carolina law. The court shall provide two certified copies of the order, free of charge, to a party receiving a protection order related to domestic or family violence in South Carolina. One of these copies must be for the party's records. The party must be directed by the court to present the other copy to law enforcement in the county in which the order was issued for entry into the National Crime Information Center and for enforcement if necessary.
(B) A protection order related to domestic or family violence, issued by a state, tribe, or territory, is valid if the issuing court had jurisdiction over the parties and subject matter under the laws of the state, tribe, or territory. There is a presumption in favor of validity where an order appears authentic on its face. A defendant must have been given reasonable notice and the opportunity to be heard before the foreign order was issued; however, in the case of an ex parte order, notice and opportunity to be heard must have been given as soon as possible after the order was issued, consistent with due process. Failure to provide reasonable notice and opportunity to be heard is an affirmative defense to any charge or process filed seeking enforcement of a foreign protection order.
(C) A protection order entered against both the petitioner and defendant is not enforceable against the petitioner unless:
(1) the defendant filed a cross or counter petition, complaint, or other written pleading seeking a protection order; and
(2) the issuing court made specific findings of domestic or family violence against both parties and determined that each party is entitled to a protection order.
(D) A petitioner who obtains a valid order of protection in another state, tribe, or territory, may file that order without fee or cost by presenting a certified copy of the foreign order to a clerk of court in the judicial circuit where the petitioner believes enforcement may be necessary. A clerk of court shall direct the petitioner to present a copy of the filed foreign protection order to the police or sheriff's office for enforcement if necessary. The clerk also shall provide the petitioner with copy bearing proof of filing with the court for the petitioner's records. However, filing of the foreign order is not a prerequisite for enforcement of the order.
(E) A law enforcement officer may rely upon a copy of a protection order which has been provided to the officer by any source and which appears valid on its face regardless of certification and also may rely upon the statement of any person protected by a protection order that the order remains in effect. An officer shall enforce a valid order regardless of whether it has been entered into the National Crime Information Center or other registry. An officer shall also enforce a foreign order regardless of whether it has been filed in a South Carolina court. If the order was issued in South Carolina and has not previously been entered into the National Crime Information Center, the law enforcement officer must enter the order. A law enforcement officer acting in good faith is immune from civil and criminal liability in any action arising in connection with a court's finding that a protection order was not enforceable.
SECTION 2. Section 16-25-50 of the 1976 Code, as amended by Act 519 of 1994, is further amended to read:
"Section 16-25-50. A person violating the terms and conditions of an order of protection issued in this State under Chapter 4, Title 20, the 'Protection from Domestic Abuse Act', or a valid protection order related to domestic or family violence issued by a court of another state, tribe, or territory is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not more than five hundred dollars. A person found guilty of a violation of Section 16-25-20 and this section may not be sentenced under both sections for the same offense."
SECTION 3. Section 20-7-420 of the 1976 Code, as last amended by Act 71, Section 39 of 1997, is further amended by adding a new item at the end to read:
"( ) to order sibling visitation where the court finds it is in the best interest of the children."
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1998.