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A319, R396, H5001
STATUS INFORMATION
General Bill
Sponsors: Reps. Owens, Hiott, F.N. Smith, Cotty, Haley, Simrill, Merrill, Spires, M.A. Pitts, Skelton, E.H. Pitts, Bedingfield, Kirsh, Mitchell, Perry, D.C. Smith, J.R. Smith, Erickson, Crawford, Daning, Leach, Ballentine, Bowen, Brantley, Cato, Clemmons, Clyburn, Cobb-Hunter, Dantzler, Duncan, Hamilton, Hardwick, Hosey, Jefferson, Kelly, Lowe, Mack, Moss, J.M. Neal, Rice, Scarborough, Shoopman, G.R. Smith, Taylor, Umphlett, Vick, Walker, White, Witherspoon and Young
Document Path: l:\council\bills\ms\7587ahb08.doc
Companion/Similar bill(s): 1291
Introduced in the House on April 10, 2008
Introduced in the Senate on April 30, 2008
Last Amended on May 27, 2008
Passed by the General Assembly on May 29, 2008
Governor's Action: June 11, 2008, Signed
Summary: Domestic violence shelter
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/10/2008 House Introduced and read first time HJ-16
4/10/2008 House Referred to Committee on Judiciary HJ-16
4/24/2008 House Recalled from Committee on Judiciary HJ-83
4/25/2008 Scrivener's error corrected
4/29/2008 House Amended HJ-40
4/29/2008 House Read second time HJ-42
4/30/2008 House Read third time and sent to Senate HJ-19
4/30/2008 Senate Introduced and read first time SJ-15
4/30/2008 Senate Referred to Committee on Judiciary SJ-15
5/6/2008 Senate Referred to Subcommittee: Hawkins (ch), Sheheen, Lourie,
Vaughn
5/21/2008 Senate Committee report: Majority favorable, minority
unfavorable Judiciary SJ-13
5/27/2008 Senate Minority Report Removed SJ-13
5/27/2008 Senate Amended SJ-13
5/27/2008 Senate Read second time SJ-13
5/28/2008 Scrivener's error corrected
5/28/2008 Senate Read third time and returned to House with amendments
SJ-30
5/29/2008 House Concurred in Senate amendment and enrolled HJ-38
6/5/2008 Ratified R 396
6/11/2008 Signed By Governor
6/20/2008 Copies available
6/20/2008 Effective date 06/11/08
7/11/2008 Act No. 319
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
4/10/2008
4/24/2008
4/25/2008
4/29/2008
5/21/2008
5/27/2008
5/28/2008
(A319, R396, H5001)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-125 SO AS TO DEFINE CERTAIN TERMS, CREATE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-3-1770, AS AMENDED, RELATING TO THE FORM AND CONTENT OF A TEMPORARY RESTRAINING ORDER, SO AS TO REFERENCE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER WHEN THE TRESPASSER IS SUBJECT TO A RESTRAINING ORDER OR ORDER OF PROTECTION AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO A WARRANTLESS ARREST OR SEARCH WHEN A PERSON IS BELIEVED TO HAVE COMMITTED A CRIMINAL DOMESTIC VIOLENCE OFFENSE, SO AS TO CLARIFY A WARRANTLESS ARREST OR SEARCH MAY BE UNDERTAKEN BY LAW ENFORCEMENT WHEN THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED; TO AMEND SECTION 16-25-120, RELATING TO CONDITIONS OF RELEASE ON BOND OF PERSONS SUBJECT TO A RESTRAINING ORDER OR AN ORDER OF PROTECTION, SO AS TO REQUIRE THE COURT TO GIVE THE PERSON NOTICE OF THE OFFENSE OF TRESPASS ON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS OF PROTECTION REGARDING DOMESTIC ABUSE, SO AS TO REFERENCE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER WHEN THE TRESPASSER IS SUBJECT TO A RESTRAINING ORDER OR ORDER OF PROTECTION AND TO PROVIDE A PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
Trespass upon the grounds or structure of a domestic violence shelter, penalty, notice
SECTION 1. Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-125. (A) For purposes of this section:
(1) 'Domestic violence shelter' means a facility whose purpose is to serve as a shelter to receive and house persons who are victims of criminal domestic violence and that provides services as a shelter.
(2) 'Grounds' means the real property of the parcel of land upon which a domestic violence shelter or a domestic violence shelter's administrative offices are located, whether fenced or unfenced.
(3) 'Household member' means a household member as defined in Section 16-25-10.
(B) It is unlawful for a person who has been charged with or convicted of a violation of Section 16-25-20 or Section 16-25-65, who is subject to an order of protection issued pursuant to Chapter 4 of Title 20, or who is subject to a restraining order issued pursuant to Article 17, Chapter 3 of Title 16, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices.
(C) The domestic violence shelter must post signs at conspicuous places on the grounds of the domestic violence shelter and the domestic violence shelter's administrative offices which, at a minimum, read substantially as follows:
'NO TRESPASSING
VIOLATORS WILL BE SUBJECT TO CRIMINAL PENALTIES'.
(D) This section does not apply if the person has legitimate business or any authorization, license, or invitation to enter or remain upon the grounds or structure of the domestic violence shelter or the domestic violence shelter's administrative offices.
(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both."
Temporary restraining order violations, trespass upon the grounds or structure of a domestic violence shelter, penalty
SECTION 2. Section 16-3-1770(C) of the 1976 Code, as last amended by Act 106 of 2005, is further amended to read:
"(C) A restraining order issued pursuant to this article conspicuously must bear the following language:
(1) 'Violation of this order is a criminal offense punishable by thirty days in jail, a fine of five hundred dollars, or both.'; and
(2) 'Pursuant to Section 16-25-125, it is unlawful for a person who has been charged with or convicted of criminal domestic violence or criminal domestic violence of a high and aggravated nature, who is subject to an order of protection, or who is subject to a restraining order, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.'."
Warrantless searches, probable cause
SECTION 3. Section 16-25-70(A) of the 1976 Code, as last amended by Act 92 of 2003, is further amended to read:
"(A) A law enforcement officer may arrest, with or without a warrant, a person at the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony pursuant to the provisions of Section 16-25-20(A) or (E), 16-25-65, or 16-25-125, even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of probable cause related to a violation pursuant to the provisions of this chapter by telephone or radio communication with the appropriate law enforcement agency. A law enforcement agency must complete an investigation of an alleged violation of this chapter even if the law enforcement agency was not notified at the time the alleged violation occurred. If an arrest warrant is sought, the law enforcement agency must present the results of the investigation and any other relevant evidence to a magistrate who may issue an arrest warrant if probable cause is established."
Bond hearings in domestic abuse cases, notice of offense of trespass upon the grounds or structure of a domestic violence shelter
SECTION 4. Section 16-25-120(D) of the 1976 Code, as added by Act 166 of 2005, is amended to read:
"(D)(1) At the bond hearing pursuant to the provisions of this section or another provision of law, the court shall inform in writing the person charged with a violation of Article 1, Chapter 25, Title 16 of his right to obtain counsel and, if indigent, his right to court-appointed counsel along with instructions on how to obtain court-appointed counsel.
(2) If the court decides to release the person pending his trial, the court shall provide the person with a written notice that must conspicuously bear the following language:
'Pursuant to Section 16-25-125, it is unlawful for a person who has been charged with or convicted of criminal domestic violence or criminal domestic violence of a high and aggravated nature, who is subject to an order of protection, or who is subject to a restraining order, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.'.
(3) The court shall provide the person with an opportunity to sign the notice evidencing the person's acknowledgment of having received and read the notice."
Orders of protection violations, trespass upon the grounds or structure of a domestic violence shelter, penalty
SECTION 5. Section 20-4-60 of the 1976 Code, as last amended by Act 396 of 1996, is further amended to read:
"Section 20-4-60. (A) Any order of protection granted under this chapter shall be to protect the petitioner or the abused person or persons on whose behalf the petition was filed and may include:
(1) temporarily enjoining the respondent from abusing, threatening to abuse, or molesting the petitioner or the person or persons on whose behalf the petition was filed;
(2) temporarily enjoining the respondent from communicating or attempting to communicate with the petitioner in any way which would violate the provisions of this chapter and temporarily enjoining the respondent from entering or attempting to enter the petitioner's place of residence, employment, education, or other location as the court may order.
(B) Every order of protection issued pursuant to this chapter shall conspicuously bear the following language:
(1) 'Violation of this order is a criminal offense punishable by thirty days in jail or a fine of two hundred dollars or may constitute contempt of court punishable by up to one year in jail and/or a fine not to exceed fifteen hundred dollars.'; and
(2) 'Pursuant to Section 16-25-125, it is unlawful for a person who has been charged with or convicted of criminal domestic violence or criminal domestic violence of a high and aggravated nature, who is subject to an order of protection, or who is subject to a restraining order, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.'.
(C) When the court has, after a hearing for any order of protection, issued an order of protection, it may, in addition:
(1) award temporary custody and temporary visitation rights with regard to minor children living in the home over whom the parties have custody;
(2) direct the respondent to pay temporary financial support for the petitioner and minor child unless the respondent has no duty to support the petitioner or minor child;
(3) when the respondent has a legal duty to support the petitioner or minor children living in the household and the household's residence is jointly leased or owned by the parties or the respondent is the sole owner or lessee, grant temporary possession to the petitioner of the residence to the exclusion of the respondent;
(4) prohibit the transferring, destruction, encumbering, or otherwise disposing of real or personal property mutually owned or leased by the parties or in which one party claims an equitable interest, except when in the ordinary course of business;
(5) provide for temporary possession of the personal property of the parties and order assistance from law enforcement officers in removing personal property of the petitioner if the respondent's eviction has not been ordered;
(6) award costs and attorney's fees to either party;
(7) award any other relief authorized by Section 20-7-420; provided, however, the court must have due regard for any prior family court orders issued in an action between the parties.
(D) No protective order issued pursuant to this chapter may, in any manner, affect the title to real property.
(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."
Savings clause
SECTION 6. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2008.
Approved the 11th day of June, 2008.
This web page was last updated on Monday, October 10, 2011 at 1:40 P.M.