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March 2015 South Carolina Family Law Update

Posted by J. Benjamin Stevens | Mar 31, 2015 | 0 Comments

Monthly law update

The Stevens Firm is pleased to present the March 2015 South Carolina Family Law Update:

Shearouse Advance Sheets:

South Carolina Dep't of Social Services v. Patten – Mr. Patten appealed the family court's finding that he is a vulnerable adult under the Omnibus Adult Protection Act, S.C. Code Ann. §§ 43-35-5-595 (2015 & Supp. 2014). See Shearouse Adv. Sh. No. 12 at 22, Op. 5305 (S.C. Ct. App. filed March 25, 2015).

Legislative Update:

Thursday, March 5, 2015, the House Judiciary Criminal Laws Committee met and carried over H. 3433 – Domestic Violence Reform Act

Tuesday, March 17, 2015, the Senate Judiciary Committee met and carried over S. 250 – Release of a child's medical records.

Wednesday, March 18, 2015, the Senate Judiciary Committee on S. 151 met and carried over S. 151 – Child Custody.

Thursday, March 19, 2015, the House Judiciary Criminal Laws Subcommittee met and gave a favorable as amended report to H. 3433 – Domestic Violence Reform Act.

Legislation Introduced in the House:

H. 3766 Rep. Smith: A BILL TO AMEND ARTICLE 23, CHAPTER 17, TITLE 63, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO ENACT AMENDMENTS TO THAT ACT ADOPTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS FOR UNIFORM STATE LAWS IN 2008, AS REQUIRED BY THE FEDERAL “PREVENTING SEX TRAFFICKING AND STRENGTHENING FAMILIES ACT” INCLUDING, BUT NOT LIMITED TO, AMENDMENTS ADDRESSING INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FAMILY MAINTENANCE AND DETERMINATION OF PARENTAGE. (Referred to Committee on Judiciary.)

S. 3 Senators L. Martin, Shealy, Malloy, Courson, Fair, Turner, Lourie and Hembree: A BILL TO AMEND SECTION 16-25-10 OF THE 1976 CODE, TO PROVIDE NECESSARY DEFINITIONS; TO AMEND SECTION 16-25-20 OF THE 1976 CODE, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES AND PENALTIES, SO AS TO RESTRUCTURE THE CRIMINAL DOMESTIC VIOLENCE OFFENSES INTO DEGREES AND PROVIDE PENALTIES; TO AMEND SECTION 16-25-30, RELATING TO THE ILLEGAL POSSESSION OF A FIREARM BY A PERSON CONVICTED OF A DOMESTIC VIOLENCE OFFENSE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE OR A PERSON SUBJECT TO AN ORDER OF PROTECTION FOR DOMESTIC OR FAMILY VIOLENCE TO SHIP, TRANSPORT, OR RECEIVE A FIREARM OR AMMUNITION, AND TO PROVIDE NOTICE TO A PERSON TO WHOM THE STATUTE APPLIES; TO AMEND SECTION 16-25-65, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, TO PROVIDE THAT THE COURT MUST ORDER PARTICIPATION IN A DOMESTIC VIOLENCE INTERVENTION PROGRAM AND ALLOW A RESTRICTION ON FIREARMS AND AMMUNITION AS A CONDITION OF BOND; AND TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 18, TO PROVIDE NECESSARY DEFINITIONS AND TO ESTABLISH A PROCEDURE FOR THE ISSUANCE OF PERMANENT AND EMERGENCY CIVIL NO-CONTACT ORDERS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE DURATION OF CIVIL NO-CONTACT ORDERS, AND TO PROVIDE A PENALTY FOR THE VIOLATION OF CIVIL NO-CONTACT ORDERS. (Referred to Committee on Judiciary.)

H. 3841 Reps. Rutherford and J. E. Smith: A BILL TO AMEND SECTION 44-63-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A BUREAU FOR THE REGISTRATION AND CERTIFICATION OF BIRTHS AND OTHER VITAL STATISTICS, SO AS TO REQUIRE THE DEPARTMENT TO FACILITATE THE REGISTRATION OF BOTH SPOUSES OF A SAME-SEX MARRIAGE AS THE PARENTS OF THE CHILD. (Referred to Committee on Judiciary.)

H. 3842 Reps. Long, Erickson, Allison, H. A. Crawford, Felder, Henderson, Hicks, Horne, Nanney and Thayer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-130 SO AS TO PROHIBIT A PERSON CONVICTED OF A DOMESTIC VIOLENCE OFFENSE FROM RECEIVING OR CONTINUING TO RECEIVE ALIMONY FROM THE VICTIM OF A DOMESTIC VIOLENCE OFFENSE. (Referred to Committee on Judiciary.)

H. 3862 Reps. Quinn, McCoy, Stavrinakis, Bingham, Newton, Bradley, Burns, Merrill, Atwater, Bannister, Bedingfield, Bernstein, Hamilton, Henderson, Herbkersman, Hixon, Huggins, Lowe, Putnam, Rutherford, G. M. Smith, G. R. Smith, J. E. Smith, Stringer and Toole: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUDGES AND JUSTICES CONTINUING TO PRESIDE IN CERTAIN COURTS, SO AS TO REQUIRE THAT IN ADDITION TO CURRENT SCREENING REQUIREMENTS REGARDING RETIRED JUDGES AND JUSTICES PROVIDED BY CHAPTER 19, TITLE 2, RETIRED JUDGES AND JUSTICES ASSIGNED BY THE CHIEF JUSTICE TO PRESIDE OVER ANY PROCEEDING BEFORE A CIRCUIT OR FAMILY COURT OR TO ACT AS AN ASSOCIATE JUSTICE IN A PROCEEDING BEFORE THE SUPREME COURT OR COURT OF APPEALS ALSO MUST BE CONFIRMED EVERY TWO YEARS BY THE GENERAL ASSEMBLY IN JOINT SESSION BEGINNING JANUARY 1, 2016. (Referred to Committee on Judiciary.)

H. 3864 Reps. Pope, Tallon, Clary, Simrill, Spires, Long, Bedingfield, Yow, Burns, Toole, Allison, Alexander, Hicks, Kirby, Collins, Duckworth, G. A. Brown, Hill, Clemmons, Finlay, Gagnon, Goldfinch, Hamilton, Hardwick, Henderson, Hiott, Hixon, Horne, Lowe, Quinn, Sandifer, G. R. Smith, Sottile, Stringer and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 5, TITLE 19 SO AS TO PROVIDE A PROCEDURE FOR THE VIDEOCONFERENCING OF CERTAIN WITNESSES DURING TRIALS, TO DELINEATE FACTORS THE COURT SHALL CONSIDER IN GRANTING OR DENYING A MOTION FOR THE VIDEOCONFERENCING OF A WITNESS'S TESTIMONY, AND TO PROVIDE THAT VIDEOCONFERENCING TECHNOLOGY USED FOR THIS PURPOSE MUST BE CONDUCTED IN ACCORDANCE WITH STANDARDS PUBLISHED BY THE SOUTH CAROLINA SUPREME COURT. (Referred to Committee on Judiciary.)

S. 391 Senators Young, Massey, Turner, Thurmond, Johnson, McElveen, Shealy, Hembree, Cromer, Setzler, Alexander, Davis and Scott: A BILL TO AMEND SECTION 59-112-50 OF THE 1976 CODE, RELATING TO IN-STATE TUITION RATES FOR MILITARY PERSONNEL AND THEIR DEPENDENTS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE CRITERIA UNDER WHICH VETERANS WHO ARE HONORABLY DISCHARGED AND THEIR DEPENDENTS MAY RECEIVE IN-STATE TUITION RATES, AND TO DEFINE RELATED TERMINOLOGY. (Referred to Committee on Education and Public Works.)

Legislation Introduced in the Senate:

S. 500 Senator Hayes: A BILL TO AMEND ARTICLE 23, CHAPTER 17, TITLE 63, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO ENACT AMENDMENTS TO THAT ACT ADOPTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS FOR UNIFORM STATE LAWS IN 2008, AS REQUIRED BY THE FEDERAL “PREVENTING SEX TRAFFICKING AND STRENGTHENING FAMILIES ACT” INCLUDING, BUT NOT LIMITED TO, AMENDMENTS ADDRESSING INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FAMILY MAINTENANCE AND DETERMINATION OF PARENTAGE. (Read the first time and referred to the Committee on Judiciary.)

H. 3522 Rep. Norrell: A BILL TO AMEND SECTION 63-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANT SAFE HAVENS AT WHICH A PERSON MAY LEAVE AN INFANT UNDER CERTAIN CIRCUMSTANCES, SO AS TO REQUIRE SAFE HAVENS TO POST A NOTICE THAT STATES THAT THE LOCATION IS A SAFE HAVEN AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PREPARE THE NOTICE FOR USE BY SAFE HAVENS. (Read the first time and referred to the Committee on Judiciary.)

Administrative Order/Court Rules Update:

The South Carolina Supreme Court amend the South Carolina Appellate Court Rules to includeRule 610, SCACR, which concerns the compilation of information and bulk distributions of judicial records. See a copy of the Administrative Order here.

The Stevens Firm, P.A. South Carolina Family Law Update is published as a service to our attorneys, clients, and friends. It is intended to be a high level overview of the developments in South Carolina Family Law and is a general summary of law. This publication It should in no way replace legal advice specific to your circumstances or in any way creates an attorney-client relationship. If you require further information on anything covered in our South Carolina Family Law Update, please contact our firm at (864) 598-9172 or info@scfamilylaw.com to make an appointment with one of our attorneys. Further information can also be found on our website.

© The Stevens Firm, P.A. 2015

About the Author

J. Benjamin Stevens

Aggressive, creative, and compassionate are words Ben Stevens' colleagues freely use to describe him as a divorce and family law attorney. Ben is a Fellow in the prestigious American Academy of Matrimonial Lawyers, the International Academy of Family Lawyers, and is a Board Certified Family Trial Advocate by the National Board of Trial Advocates. He is one of only four attorneys in South Carolina with those simultaneous distinctions. To schedule a consultation with Ben Stevens call (864) 598-9172.

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