H*4522(Rat #0484, Act #0396 of 1996)  General Bill, By Allison, Lee, Littlejohn, 
Walker and C.C. Wells
 A Bill to amend Section 20-4-40, as amended, Code of Laws of South Carolina,
 1976, relating to petitions for orders of protection from domestic abuse, so
 as to provide that no fee may be charged for filing a petition; and to amend
 Section 20-4-60, relating to orders for protection, so as to prohibit granting
 a mutual order of protection except under certain conditions.

   01/31/96  House  Introduced and read first time HJ-9
   01/31/96  House  Referred to Committee on Judiciary HJ-9
   04/24/96  House  Committee report: Favorable with amendment
                     Judiciary HJ-1
   04/25/96  House  Amended HJ-19
   04/25/96  House  Read second time HJ-19
   04/30/96  House  Read third time and sent to Senate HJ-34
   05/01/96  Senate Introduced and read first time SJ-4
   05/01/96  Senate Referred to Committee on Judiciary SJ-4
   05/21/96  Senate Committee report: Favorable Judiciary SJ-40
   05/22/96  Senate Read second time SJ-55
   05/22/96  Senate Unanimous consent for third reading on next
                     legislative day SJ-55
   05/23/96  Senate Read third time and enrolled SJ-94
   05/30/96         Ratified R 484
   06/04/96         Signed By Governor
   06/04/96         Effective date 06/04/96
   06/17/96         Copies available
   06/17/96         Act No. 396

AN ACT TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.

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

Filing fee prohibited

SECTION 1. Section 20-4-40 of the 1976 Code, as last amended by Act 519 of 1994, is further amended by adding at the end:

"(f) The clerk of court may not charge a fee for filing a petition for an order for protection from domestic abuse."

Conditions for mutual order of protection

SECTION 2. Section 20-4-60 of the 1976 Code is amended by adding at the end:

"(e) No mutual order of protection may be granted unless the court sets forth findings of fact necessitating the mutual order or unless both parties consent to a mutual order."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 4th day of June, 1996.