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Bill 134

                    Current Status

Bill Number:                      134
Ratification Number:              184
Act Number:                       175
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010111
Primary Sponsor:                  Holland
All Sponsors:                     Holland
Drafted Document Number:          l:\s-jud\bills\holland\jud0012.dhh.doc
Date Bill Passed both Bodies:     20020226
Date of Last Amendment:           20020220
Governor's Action:                S
Date of Governor's Action:        20020305
Subject:                          Restraining orders, court may not charge 
                                  filing fee for complaint and motion against 
                                  stalker; Crimes and Offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020311  Act No. A175
------  20020305  Signed by Governor
------  20020227  Ratified R184
House   20020226  Concurred in Senate amendment, 
                  enrolled for ratification
------  20020221  Scrivener's error corrected
Senate  20020220  House amendments amended,
                  returned to House with amendment
House   20020208  Read third time, returned with
                  amendment
House   20020207  Amended, read second time, 
                  unanimous consent for third reading 
                  on Friday, 20020208
------  20020207  Scrivener's error corrected
House   20020206  Committee report: Favorable with       25 HJ
                  amendment
House   20010307  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20010306  Read third time, sent to House
Senate  20010301  Read second time, notice of
                  general amendments
Senate  20010228  Committee report: Favorable            11 SJ
Senate  20010111  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on February 28, 2001 - Word format
Revised on February 6, 2002 - Word format
Revised on February 7, 2002 - Word format
Revised on February 7, 2002-A - Word format
Revised on February 20, 2002 - Word format
Revised on February 21, 2002 - Word format

(A175, R184, S134)

AN ACT TO AMEND SECTION 16-3-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT A COURT MAY NOT CHARGE A FILING FEE FOR A COMPLAINT OR MOTION FOR A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING.

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

No filing fee to file complaint or to obtain restraining order for harassment for stalking

SECTION 1. Section 16-3-1750 of the 1976 Code, as added by Act 94 of 1995, is amended to read:

"Section 16-3-1750. (A) Under this article, the magistrates court has jurisdiction over an action seeking a restraining order against a person engaged in harassment or stalking.

(B) An action for a restraining order must be filed in the county in which:

(1) the defendant resides when the action commences;

(2) the harassment or stalking occurred; or

(3) the plaintiff resides if the defendant is a nonresident of the State or cannot be found.

(C) A complaint and motion for a restraining order may be filed by any person. The complaint must:

(1) allege that the defendant is engaged in harassment or stalking and must state the time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought;

(2) be verified; and

(3) inform the defendant of his right to retain counsel to represent him at the hearing on the complaint.

(D) The magistrates court must provide forms to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel. The court must not charge a fee for filing a complaint and motion for a restraining order against a person engaged in harassment or stalking.

(E) Notwithstanding any other provision of law, a restraining order or a temporary restraining order issued pursuant to this article is enforceable throughout this State."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 27th day of February, 2002.

Approved the 5th day of March, 2002.

This web page was last updated on Tuesday, December 8, 2009 at 11:09 A.M.