1 Indicates Matter Stricken
2 Indicates New Matter
3
4 AMENDED
5 May 27, 2008
6
7 H. 5001
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9 Introduced by Reps. Owens, Hiott, F.N. Smith, Cotty, Haley,
10 Simrill, Merrill, Spires, M.A. Pitts, Skelton, E.H. Pitts,
11 Bedingfield, Kirsh, Mitchell, Perry, D.C. Smith, J.R. Smith,
12 Erickson, Crawford, Daning, Leach, Ballentine, Bowen, Brantley,
13 Cato, Clemmons, Clyburn, Cobb-Hunter, Dantzler, Duncan,
14 Hamilton, Hardwick, Hosey, Jefferson, Kelly, Lowe, Mack, Moss,
15 J.M. Neal, Rice, Scarborough, Shoopman, G.R. Smith, Taylor,
16 Umphlett, Vick, Walker, White, Witherspoon and Young
17
18 S. Printed 5/27/08--S.
19 Read the first time April 30, 2008.
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[5001-1]
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9 A BILL
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11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
12 1976, BY ADDING SECTION 16-25-125 SO AS TO CREATE
13 THE OFFENSE OF TRESPASS UPON THE GROUNDS OR
14 STRUCTURE OF A DOMESTIC VIOLENCE SHELTER AND
15 TO PROVIDE A PENALTY; AND TO AMEND SECTION
16 16-25-70, AS AMENDED, RELATING TO A WARRANTLESS
17 ARREST OR SEARCH WHEN A PERSON IS BELIEVED TO
18 HAVE COMMITTED A CRIMINAL DOMESTIC VIOLENCE
19 OFFENSE, SO AS TO CLARIFY A WARRANTLESS ARREST
20 OR SEARCH MAY BE UNDERTAKEN BY LAW
21 ENFORCEMENT WHEN THERE IS PROBABLE CAUSE TO
22 BELIEVE A VIOLATION HAS OCCURRED.
23 Amend Title To Conform
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25 Be it enacted by the General Assembly of the State of South
26 Carolina:
27
28 SECTION 1. Chapter 25, Title 16 of the 1976 Code is amended
29 by adding:
30
31 “Section 16-25-125. (A) For purposes of this section:
32 (1) „Domestic violence shelter‟ means a facility whose
33 purpose is to serve as a shelter to receive and house persons who
34 are victims of criminal domestic violence and that provides
35 services as a shelter.
36 (2) „Grounds‟ means the real property of the parcel of land
37 upon which a domestic violence shelter or a domestic violence
38 shelter‟s administrative offices are located, whether fenced or
39 unfenced.
40 (3) „Household member‟ means a household member as
41 defined in Section 16-25-10.
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1 (B) It is unlawful for a person who has been charged with or
2 convicted of a violation of Section 16-25-20 or Section 16-25-65,
3 who is subject to an order of protection issued pursuant to Chapter
4 4 of Title 20, or who is subject to a restraining order issued
5 pursuant to Article 17, Chapter 3 of Title 16, to enter or remain
6 upon the grounds or structure of a domestic violence shelter in
7 which the person‟s household member resides or the domestic
8 violence shelter‟s administrative offices.
9 (C) The domestic violence shelter must post signs at
10 conspicuous places on the grounds of the domestic violence shelter
11 and the domestic violence shelter‟s administrative offices which, at
12 a minimum, read substantially as follows:
13 „NO TRESPASSING
14 VIOLATORS WILL BE SUBJECT TO CRIMINAL
15 PENALTIES‟.
16 (D) This section does not apply if the person has legitimate
17 business or any authorization, license, or invitation to enter or
18 remain upon the grounds or structure of the domestic violence
19 shelter or the domestic violence shelter‟s administrative offices.
20 (E) A person who violates this section is guilty of a
21 misdemeanor and, upon conviction, must be fined not more than
22 three thousand dollars or imprisoned for not more than three years,
23 or both. If the person is in possession of a dangerous weapon at
24 the time of the violation, the person is guilty of a felony and, upon
25 conviction, must be fined not more than five thousand dollars or
26 imprisoned for not more than five years, or both.”
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28 SECTION 2. Section 16-3-1770(C) of the 1976 Code is amended
29 to read:
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31 “(C) A restraining order issued pursuant to this article
32 conspicuously must bear the following language:
33 (1) „Violation of this order is a criminal offense punishable
34 by thirty days in jail, a fine of five hundred dollars, or both‟; and
35 (2) „Pursuant to Section 16-25-125 of the South Carolina
36 Code of Laws, it is unlawful for a person who has been charged
37 with or convicted of criminal domestic violence or criminal
38 domestic violence of a high and aggravated nature, who is subject
39 to an order of protection, or who is subject to a restraining order, to
40 enter or remain upon the grounds or structure of a domestic
41 violence shelter in which the person‟s household member resides
42 or the domestic violence shelter‟s administrative offices. A person
43 who violates this provision is guilty of a misdemeanor and, upon
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1 conviction, must be fined not more than three thousand dollars or
2 imprisoned for not more than three years, or both. If the person is
3 in possession of a dangerous weapon at the time of the violation,
4 the person is guilty of a felony and, upon conviction, must be fined
5 not more than five thousand dollars or imprisoned for not more
6 than five years, or both.‟.”
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8 SECTION 3. Section 16-25-70(A) of the 1976 Code is amended
9 to read:
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11 “(A) A law enforcement officer may arrest, with or without a
12 warrant, a person at the person‟s place of residence or elsewhere if
13 the officer has probable cause to believe that the person is
14 committing or has freshly committed a misdemeanor or felony
15 under pursuant to the provisions of Section 16-25-20(A) or (E), or
16 16-25-65, or 16-25-125 even if the act did not take place in the
17 presence of the officer. The officer may, if necessary, verify the
18 existence of an order of protection probable cause related to a
19 violation pursuant to the provisions of this chapter by telephone or
20 radio communication with the appropriate law enforcement
21 agency. A law enforcement agency must complete an
22 investigation of an alleged violation of this chapter even if the law
23 enforcement agency was not notified at the time the alleged
24 violation occurred. If an arrest warrant is sought, the law
25 enforcement agency must present the results of the investigation
26 and any other relevant evidence to a magistrate who may issue an
27 arrest warrant if probable cause is established.”
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29 SECTION 4. Section 16-25-120(D) of the 1976 Code is amended
30 to read:
31
32 “(D) (1) At the bond hearing pursuant to the provisions of this
33 section or another provision of law, the court shall inform in
34 writing the person charged with a violation of Article 1, Chapter
35 25, Title 16 of his right to obtain counsel and, if indigent, his right
36 to court-appointed counsel along with instructions on how to
37 obtain court-appointed counsel.
38 (2) If the court decides to release the person pending his
39 trial, the court shall provide the person with a written notice that
40 must conspicuously bear the following language:
41 „Pursuant to Section 16-25-125 of the South Carolina Code of
42 Laws, it is unlawful for a person who has been charged with or
43 convicted of criminal domestic violence or criminal domestic
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1 violence of a high and aggravated nature, who is subject to an
2 order of protection, or who is subject to a restraining order, to enter
3 or remain upon the grounds or structure of a domestic violence
4 shelter in which the person‟s household member resides or the
5 domestic violence shelter‟s administrative offices. A person who
6 violates this provision is guilty of a misdemeanor and, upon
7 conviction, must be fined not more than three thousand dollars or
8 imprisoned for not more than three years, or both. If the person is
9 in possession of a dangerous weapon at the time of the violation,
10 the person is guilty of a felony and, upon conviction, must be fined
11 not more than five thousand dollars or imprisoned for not more
12 than five years, or both.‟
13 (3) The court shall provide the person with an opportunity to
14 sign the notice evidencing the person‟s acknowledgment of having
15 received and read the notice.”
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17 SECTION 5. Section 20-4-60 of the 1976 Code is amended to
18 read:
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20 “Section 20-4-60. (aA) Any order of protection granted under
21 this chapter shall be to protect the petitioner or the abused person
22 or persons on whose behalf the petition was filed and may include:
23 (1) Temporarily temporarily enjoining the respondent from
24 abusing, threatening to abuse, or molesting the petitioner or the
25 person or persons on whose behalf the petition was filed.;
26 (2) Temporarily temporarily enjoining the respondent from
27 communicating or attempting to communicate with the petitioner
28 in any way which would violate the provisions of this chapter and
29 temporarily enjoining the respondent from entering or attempting
30 to enter the petitioner‟s place of residence, employment, education,
31 or other location as the court may order.
32 (bB) Every order of protection issued pursuant to this chapter
33 shall conspicuously bear the following language:
34 (1) „Violation of this order is a criminal offense punishable
35 by thirty days in jail or a fine of two hundred dollars or may
36 constitute contempt of court punishable by up to one year in jail
37 and/or a fine not to exceed fifteen hundred dollars‟; and
38 (2) „Pursuant to Section 16-25-125 of the South Carolina
39 Code of Laws, it is unlawful for a person who has been charged
40 with or convicted of criminal domestic violence or criminal
41 domestic violence of a high and aggravated nature, who is subject
42 to an order of protection, or who is subject to a restraining order, to
43 enter or remain upon the grounds or structure of a domestic
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1 violence shelter in which the person‟s household member resides
2 or the domestic violence shelter‟s administrative offices. A person
3 who violates this provision is guilty of a misdemeanor and, upon
4 conviction, must be fined not more than three thousand dollars or
5 imprisoned for not more than three years, or both. If the person is
6 in possession of a dangerous weapon at the time of the violation,
7 the person is guilty of a felony and, upon conviction, must be fined
8 not more than five thousand dollars or imprisoned for not more
9 than five years, or both.‟.
10 (cC) When the court has, after a hearing for any order of
11 protection, issued an order of protection, it may, in addition:
12 (1) Award award temporary custody and temporary
13 visitation rights with regard to minor children living in the home
14 over whom the parties have custody.;
15 (2) Direct direct the respondent to pay temporary financial
16 support for the petitioner and minor child unless the respondent
17 has no duty to support the petitioner or minor child.;
18 (3) When when the respondent has a legal duty to support
19 the petitioner or minor children living in the household and the
20 household‟s residence is jointly leased or owned by the parties or
21 the respondent is the sole owner or lessee, grant temporary
22 possession to the petitioner of the residence to the exclusion of the
23 respondent.;
24 (4) Prohibit prohibit the transferring, destruction,
25 encumbering, or otherwise disposing of real or personal property
26 mutually owned or leased by the parties or in which one party
27 claims an equitable interest, except when in the ordinary course of
28 business.;
29 (5) Provide provide for temporary possession of the personal
30 property of the parties and order assistance from law enforcement
31 officers in removing personal property of the petitioner if the
32 respondent‟s eviction has not been ordered.;
33 (6) Award award costs and attorneys‟ fees to either party.;
34 (7) Award award any other relief authorized by Section
35 20-7-420; provided, however, the court must have due regard for
36 any prior Family Court orders issued in an action between the
37 parties.
38 (dD) No protective order issued pursuant to this chapter may, in
39 any manner, affect the title to real property.
40 (eE) No mutual order of protection may be granted unless the
41 court sets forth findings of fact necessitating the mutual order or
42 unless both parties consent to a mutual order.”
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1 SECTION 6. The repeal or amendment by this act of any law,
2 whether temporary or permanent or civil or criminal, does not
3 affect pending actions, rights, duties, or liabilities founded thereon,
4 or alter, discharge, release or extinguish any penalty, forfeiture, or
5 liability incurred under the repealed or amended law, unless the
6 repealed or amended provision shall so expressly provide. After
7 the effective date of this act, all laws repealed or amended by this
8 act must be taken and treated as remaining in full force and effect
9 for the purpose of sustaining any pending or vested right, civil
10 action, special proceeding, criminal prosecution, or appeal existing
11 as of the effective date of this act, and for the enforcement of
12 rights, duties, penalties, forfeitures, and liabilities as they stood
13 under the repealed or amended laws.
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15 SECTION 7. This act takes effect upon approval by the Governor.
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