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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 31, 2000
H. 3465
Introduced by Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer
S. Printed 5/31/00--S.
Read the first time April 22, 1999.
TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-1-100 of the 1976 Code, as added by Act 95 of 1997, is amended to read:
"Section 20-1-100. A male under the age of sixteen or a female under the age of fourteen Any person under the age of sixteen 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 person under the age of sixteen is void ab initio."
SECTION 2. Section 20-1-250 of the 1976 Code is amended to read:
"Section 20-1-250. No such A marriage license shall must not be issued when either applicant is under the age of fourteen sixteen. or when the male is under the age of sixteen, provided that when the female applicant is between the ages of fourteen to eighteen and when the male applicant is between the ages of sixteen to eighteen and when the When either applicant is between the ages of sixteen to eighteen and that applicant resides with father, or mother, or other relative, or guardian, the probate judge or other officer authorized to issue marriage licenses shall not issue a license for the marriage until furnished with a sworn affidavit signed by such the father, mother, other relative, or guardian giving his or her consent to the marriage."
SECTION 3. Section 20-7-7810(F) of the 1976 Code is amended to read:
"(F) Notwithstanding subsections (A) and (E), a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, a child who has been found in contempt of court for violation of a court order related to a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for a violation of law or other misconduct which would not be a criminal offense if committed by an adult may be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to a secure evaluation centers center operated by the department for a determinate period not to exceed ninety days; however, a when:
(1) the child has been adjudicated delinquent by a family court judge for a status offense, as defined in Section 20-7-6605, excluding truancy, and the order acknowledges that the child has been afforded all due process rights guaranteed to a child offender;
(2) the child is in contempt of court for violation of a court order to attend school or an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605; or
(3) the child is determined by the court to have violated the conditions of probation set forth by the court in an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605, including truancy.
Orders issued pursuant to this subsection must acknowledge:
(a) that the child has been advised of all due process rights afforded to a child offender; and
(b) that the court has received information from the appropriate state or local agency or public entity that has reviewed the facts and circumstances causing the child to be before the court.
A child committed under this section may not be confined with a child who has been determined by the department to be violent."
SECTION 4. This act takes effect upon approval by the Governor.
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