H 3252 Session 112 (1997-1998)
H 3252 General Bill, By Kirsh, Meacham, Moody-Lawrence and Simrill
Similar(H 3101)
A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE TRANSPORTING OF A CHILD UNDER SIXTEEN YEARS OF AGE
OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE
THE AGE OF A CHILD, THE STAGE OF A COURT PROCEEDING, THE INTENT OF A PERSON
TRANSPORTING A CHILD, AND THE LOCATIONS THAT A CHILD MAY BE TRANSPORTED TO,
THAT THIS PROVISION APPLIES, TO REVISE THE PERIOD A PERSON WHO VIOLATES THIS
PROVISION MAY RETURN A CHILD TO THE COURT'S JURISDICTION, TO PROVIDE THAT THIS
PROVISION APPLIES TO A CHILD WHOSE PATERNITY IS TO BE DETERMINED, TO PROVIDE
THAT THE TAKING OF A CHILD BY PHYSICAL FORCE OR THE THREAT OF PHYSICAL FORCE
IS A FELONY, AND TO PROVIDE PENALTIES, AND TO PROVIDE THAT A PERSON WHO
VIOLATES THIS SECTION MAY BE REQUIRED TO PAY THE EXPENSES OF A PARTY AWARDED
CUSTODY, HIS WITNESS, OR A LAW ENFORCEMENT AGENCY.
01/16/97 House Introduced and read first time HJ-6
01/16/97 House Referred to Committee on Judiciary HJ-6
A BILL
TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
TRANSPORTING OF A CHILD UNDER SIXTEEN YEARS OF
AGE OUTSIDE THE STATE WITH THE INTENT TO VIOLATE
A CUSTODY ORDER, SO AS TO REVISE THE AGE OF A
CHILD, THE STAGE OF A COURT PROCEEDING, THE INTENT
OF A PERSON TRANSPORTING A CHILD, AND THE
LOCATIONS THAT A CHILD MAY BE TRANSPORTED TO,
THAT THIS PROVISION APPLIES, TO REVISE THE PERIOD A
PERSON WHO VIOLATES THIS PROVISION MAY RETURN A
CHILD TO THE COURT'S JURISDICTION, TO PROVIDE THAT
THIS PROVISION APPLIES TO A CHILD WHOSE PATERNITY
IS TO BE DETERMINED, TO PROVIDE THAT THE TAKING OF
A CHILD BY PHYSICAL FORCE OR THE THREAT OF
PHYSICAL FORCE IS A FELONY, AND TO PROVIDE
PENALTIES, AND TO PROVIDE THAT A PERSON WHO
VIOLATES THIS SECTION MAY BE REQUIRED TO PAY THE
EXPENSES OF A PARTY AWARDED CUSTODY, HIS
WITNESS, OR A LAW ENFORCEMENT AGENCY.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 16-17-495 of the 1976 Code, as last amended
by Act 28 of 1995, is further amended to read:
"Section 16-17-495. (A) When any a
court of competent jurisdiction in this State has awarded custody of
a child under the age of sixteen years, or has received a
request for a court hearing to determine custody of a child, it is
a felony for a person with the intent to violate the court order or
decree, or avoid a court hearing to determine custody, to take or
transport for the purpose to conceal, or cause to be taken or
transported for the purpose to conceal, the child
from any point within this State to any point outside the limits of
this State or to keep the child outside the limits of this State.
This crime is punishable by a fine in the discretion of the court or by
imprisonment for not more than five years, or both. It is
permissible to infer that a person keeping a child outside the limits of
the State in violation of a court order for a period in excess of
seventy-two hours intended to violate the order at the time of
taking. If the person violating the provisions of this section
returns the child to the jurisdiction of the court issuing the order
within seven three days after removing the child
from this State taking, transporting for the purpose to
conceal, or cause the taking or transporting for the purpose to conceal
the child, the person is guilty of a misdemeanor and, upon
conviction, must be fined in the discretion of the court or imprisoned
not more than three years, or both.
(B) A child whose custody is determined by Section
20-7-953(B) is protected by this section.
(C) If the taking of a child is by physical force or the threat of
physical force, the person is guilty of a felony and, upon conviction,
must be fined in the discretion of the court or imprisoned not more
than fifteen years, or both.
(D) A person who violates a provision contained in this section
may be required by the court to pay the necessary travel expenses,
attorney's fees, and other expenses incurred by the party awarded
custody of the child, his witness, or a law enforcement agency."
SECTION 2. This act takes effect upon approval by the Governor.
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