Current Status Bill Number:4647 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980218 Primary Sponsor:Barfield All Sponsors:Barfield, Cotty, Littlejohn and Hamilton Drafted Document Number:dka\4808mm.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Criminal contempt penalties applied at discretion of court upon violation of injunction; Crimes and Offenses, Courts
Body Date Action Description Com Leg Involved
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House 19980218 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 14-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTEMPT OF COURT, SO AS TO PROVIDE FOR THE APPLICATION OF CRIMINAL CONTEMPT PENALTIES, AT THE DISCRETION OF THE COURT, UPON THE WILFUL VIOLATION OF AN INJUNCTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-1-150 of the 1976 Code is amended to read:
"Section 14-1-150. (A) In case any If a person shall commit commits any misbehavior or contempt in any court of judicature justice in this State, by word or gesture, the judges of such court may set a fine on such the offender in any sum not exceeding more than fifty dollars, for the use of this State, and may commit imprison the offender till until payment is made.
(B) But If any a person, shall in the presence and during the sitting of the court, strike strikes a person or use any uses other violence therein, such that person shall must be fined at the discretion of the court and shall must be committed till imprisoned until payment; provided, that no.
(C) If a person, who is the subject of a temporary restraining order, an order of protection, or other injunction, whether temporary, permanent, or otherwise, issued by any court of justice in this State, wilfully violates any order of injunction, that person may be punished by the imposition of criminal contempt penalties, at the discretion of the court.
(D) A citizen of this State shall may not be sent to jail imprisoned for any contempt of court or supposed contempt of court, committed during the sitting of the court and in disturbance of the court, until unless he be is brought before the court and there be heard by himself or counsel or shall stand mute given the opportunity to be heard.
(E) The provisions of subsection (C) do not apply to acts of contempt or supposed contempt occurring before the effective date of this act, and apply only to offenses committed on or after the effective date of this act."
SECTION 2. This act takes effect upon approval by the Governor.