Current Status Bill Number:3101 Ratification Number:212 Act Number:95 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Allison All Sponsors:Allison, Kirsh, Meacham and Knotts Drafted Document Number:gjk\23164ac.97 Date Bill Passed both Bodies:19970604 Date of Last Amendment:19970604 Governor's Action:S Date of Governor's Action:19970611 Subject:Child custody order violation, transporting child offenses; Minors, Domestic Relations, Marriage void between minors
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19970630 Act No. A95
------ 19970611 Signed by Governor
------ 19970609 Ratified R212
House 19970604 Ordered enrolled for ratification
Senate 19970604 Free Conference Committee Report 89 SFCC
adopted
Senate 19970604 Free Conference Powers granted, 89 SFCC Courtney
appointed Senators to Committee Gregory
of Free Conference Hutto
House 19970604 Free Conference Committee Report 99 HFCC
adopted
House 19970604 Free Conference Powers granted, 99 HFCC Young
appointed Reps. to Committee of Haskins
Free Conference Allison
House 19970514 Conference powers granted, 98 HCC Young
appointed Reps. to Committee of Haskins
Conference Allison
Senate 19970514 Conference powers granted, 88 SCC Courtney
appointed Senators to Committee Gregory
of Conference Hutto
Senate 19970514 Insists upon amendment
House 19970514 Non-concurrence in Senate amendment
Senate 19970507 Read third time, returned to House
with amendment
Senate 19970507 Amended
Senate 19970506 Read second time, ordered to
third reading with notice of
general amendments
Senate 19970506 Committee amendment adopted
Senate 19970430 Committee report: Favorable with 11 SJ
amendment
Senate 19970227 Introduced, read first time, 11 SJ
referred to Committee
House 19970226 Read third time, sent to Senate
House 19970225 Read second time
House 19970220 Debate adjourned until
Tuesday, 19970225
House 19970218 Request for debate by Representative Scott
Whipper
T. Brown
F. Smith
House 19970218 Amended
House 19970212 Committee report: Favorable with 25 HJ
amendment
House 19970114 Introduced, read first time, 25 HJ
referred to Committee
House 19970108 Prefiled, referred to Committee 25 HJ
View additional legislative information at the LPITS web site.
(A95, R212, H3101)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-100 SO AS TO PROVIDE THAT A MALE UNDER THE AGE OF SIXTEEN OR A FEMALE UNDER THE AGE OF FOURTEEN IS NOT CAPABLE OF ENTERING INTO A VALID MARRIAGE AND ALL SUCH MARRIAGES SUBSEQUENTLY ENTERED INTO ARE VOID; TO AMEND SECTIONS 16-3-615 AND 16-3-658, BOTH AS AMENDED, RELATING RESPECTIVELY TO SPOUSAL SEXUAL BATTERY AND CRIMINAL SEXUAL CONDUCT WITH A SPOUSE, SO AS TO PROVIDE THAT THESE SECTIONS DO NOT APPLY TO A MARRIAGE OF A MALE UNDER THE AGE OF SIXTEEN OR A FEMALE UNDER THE AGE OF FOURTEEN; AND TO AMEND SECTION 16-17-495, AS AMENDED, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE THE SECTION APPLY TO CHILDREN BORN OUT OF WEDLOCK AND NOT SUBJECT TO A COURT ORDER, TO MAKE IT UNLAWFUL TO TAKE A CHILD WITHIN OR OUTSIDE THE STATE, TO ESTABLISH VIOLATIONS FOR TAKING A CHILD WHEN DETERMINATION OF CUSTODY IS PENDING, TO CREATE FELONY AND MISDEMEANOR OFFENSES DEPENDING ON THE LENGTH OF TIME THE CHILD IS KEPT, TO INCREASE PENALTIES IF THE CHILD IS TAKEN BY FORCE OR THREAT OF FORCE, AND TO AUTHORIZE AN AWARD OF TRAVEL AND OTHER EXPENSES INCURRED BY THE CUSTODIAN OR LAW ENFORCEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Certain persons incapable of entering into marriage
SECTION 1. The 1976 Code is amended by adding:
"Section 20-1-100. A male under the age of sixteen or a female under the age of fourteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a male under the age of sixteen or a female under the age of fourteen is void ab initio."
Section does not apply
SECTION 2. Section 16-3-615 of the 1976 Code, as last amended by Act 295 of 1994, is further amended by adding:
"(D) This section is not applicable to a purported marriage entered into by a male under the age of sixteen or a female under the age of fourteen."
Section does not apply
SECTION 3. Section 16-3-658 of the 1976 Code, as last amended by Act 139 of 1991, is further amended by adding at the end:
"This section is not applicable to a purported marriage entered into by a male under the age of sixteen or a female under the age of fourteen."
Taking child from custodian in violation of order or law or to avoid custody proceeding
SECTION 4. 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)(1) When a court of competent jurisdiction in this State or another state has awarded custody of a child under the age of sixteen years or when custody of a child under the age of sixteen years is established pursuant to Section 20-7-953B, it is unlawful for a person with the intent to violate the court order or Section 20-7-953B to take or transport, or cause to be taken or transported, the child from the legal custodian for the purpose of concealing the child, or circumventing or avoiding the custody order or statute.
(2) When a pleading has been filed and served seeking a determination of custody of a child under the age of sixteen, it is unlawful for a person with the intent to circumvent or avoid the custody proceeding to take or transport, or cause to be taken or transported, the child for the purpose of concealing the child, or circumventing or avoiding the custody proceeding. It is permissible to infer that a person keeping a child outside the limits of this State for more than seventy-two hours without notice to a legal custodian intended to violate this subsection.
(B) A person who violates subsection (A)(1) or (2) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.
(C) If a person who violates subsection (A)(1) or (2) returns the child to the legal custodian or to the jurisdiction of the court in which the custody petition was filed within three days of the violation, 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.
(D) Notwithstanding the provisions of this section, if the taking or transporting of a child in violation of subsections (A)(1) or (2), 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 ten years, or both.
(E) A person who violates the provisions of this section may be required by the court to pay necessary travel and other reasonable expenses including, but not limited to, attorney's fees incurred by the party entitled to the custody or by a witness or law enforcement."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 11th day of June, 1997.