South Carolina General Assembly
116th Session, 2005-2006

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Bill 3274

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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

January 26, 2005

H. 3274

Introduced by Rep. Altman

S. Printed 1/26/05--H.    [SEC 1/27/05 1:32 PM]

Read the first time January 12, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3274) to amend Section 20-7-2220, as amended, Code of Laws of South Carolina, 1976, relating to appeals and the effect of pendency of an appeal in certain, 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, Section 20-7-2220 page 1, line 34 by deleting /wife/ and inserting /wife spouse/. So when amended Section 20-7-2220 reads:

/    "Section 20-7-2220.    Any appeal from an order, judgment, or decree of the family court shall be taken in the manner provided by the South Carolina Appellate Court Rules. The right to appeal must be governed by the same rules, practices, and procedures that govern appeals from the circuit court.

The pendency of an appeal or application may not suspend the order of the family court regarding a child, nor shall it discharge the child from the custody of that court or of the person, institution, or agency to whose care the child shall have been committed; nor shall it suspend payments for support and maintenance of the wife spouse and child; and no automatic ten-day stay applies following issuance of such an order."/

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 20-7-2220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS AND THE EFFECT OF PENDENCY OF AN APPEAL IN CERTAIN FAMILY COURT MATTERS, SO AS TO PROVIDE THAT NO TEN DAY AUTOMATIC STAY APPLIES IN SUCH CASES.

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

SECTION    1.    Section 20-7-2220 of the 1976 Code, as amended by Act 55 of 1999, is further amended to read:

"Section 20-7-2220.    Any appeal from an order, judgment, or decree of the family court shall be taken in the manner provided by the South Carolina Appellate Court Rules. The right to appeal must be governed by the same rules, practices, and procedures that govern appeals from the circuit court.

The pendency of an appeal or application may not suspend the order of the family court regarding a child, nor shall it discharge the child from the custody of that court or of the person, institution, or agency to whose care the child shall have been committed; nor shall it suspend payments for support and maintenance of the wife and child; and no automatic ten-day stay applies following issuance of such an order."

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

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