Current Status Introducing Body:Senate Bill Number:398 Ratification Number:515 Act Number:465 Primary Sponsor:Hayes Type of Legislation:GB Subject:Landlord, obligation of Date Bill Passed both Bodies:19940527 Computer Document Number:EGM/18102DW.93 Governor's Action:S Date of Governor's Action:19940714 Introduced Date:19930209 Date of Last Amendment:19940308 Last History Body:------ Last History Date:19940714 Last History Type:Act No. 465 Scope of Legislation:Statewide All Sponsors:Hayes Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
398 ------ 19940714 Act No. 465
398 ------ 19940714 Signed by Governor
398 ------ 19940602 Ratified R 515
398 House 19940527 Read third time, enrolled for
ratification
398 House 19940526 Read second time, unanimous
consent for third reading on
next Legislative day
398 House 19940518 Committee Report: Favorable 25
398 House 19940309 Introduced, read first time, 25
referred to Committee
398 Senate 19940308 Amended, read third time,
sent to House
398 Senate 19940217 Amended, read second time
398 Senate 19940216 Committee Report: Favorable 11
with amendment
398 Senate 19930209 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
(A465, R515, S398)
AN ACT TO AMEND SECTION 27-37-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTION OF A WRIT OF EJECTMENT, SO AS TO GIVE THE OCCUPANT TWENTY-FOUR HOURS TO VACATE VOLUNTARILY, PROVIDE THAT IF THE OCCUPANT REFUSES TO VACATE WITHIN TWENTY-FOUR HOURS AND THE PREMISES APPEAR TO BE OCCUPIED AND THE OCCUPANT DOES NOT RESPOND, THE CONSTABLE OR DEPUTY SHERIFF SHALL LEAVE A COPY OF THE WRIT ATTACHED AT THE TOP OF THE DOOR OR IN THE MOST CONSPICUOUS PLACE, TO PROVIDE THAT TWENTY-FOUR HOURS FOLLOWING THE POSTING OF THE WRIT, IF THE OCCUPANTS HAVE NOT VACATED THE PREMISES VOLUNTARILY, THE DEPUTY SHERIFF MAY ENTER THE PREMISES BY FORCE, USING THE LEAST DESTRUCTIVE MEANS POSSIBLE, IN ORDER TO EFFECTUATE THE WRIT.
Be it enacted by the General Assembly of the State of South Carolina:
Writ of ejectment
SECTION 1. Section 27-37-160 of the 1976 Code is amended to read:
"Section 27-37-160. In executing a writ of ejectment, the constable or deputy sheriff shall proceed to the premises, present to the occupants a copy of the writ and give the occupants twenty-four hours to vacate voluntarily. If the occupants refuse to vacate within twenty-four hours or the premises appear unoccupied, the constable or deputy sheriff shall announce his identity and purpose. If necessary, the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment. If the premises appear to be occupied and the occupant does not respond, the constable or deputy sheriff shall leave a copy of the writ taped or stapled at each corner and attached at the top of either the front or back door or in the most conspicuous place. Twenty-four hours following the posting of the writ, if the occupants have not vacated the premises voluntarily, the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment. Discretion may be exercised by the constable or deputy sheriff in granting a delay in the dispossession of ill or elderly tenants."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 14th day of July, 1994.