South Carolina H 4640: Ft. Mill All-Stars, Dixie Youth World Series champs

Bill Text

2025-2026 Bill 4640 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4640

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 20-4-20, RELATING TO DOMESTIC ABUSE PROTECTION DEFINITIONS, SO AS TO 
ADD A DEFINITION FOR "VICTIM ADVOCATE"; BY AMENDING SECTION 20-4-40, RELATING 
TO PETITIONS FOR AN ORDER OF PROTECTION, SO AS TO ALLOW A VICTIM ADVOCATE TO 
FILE A PETITION FOR AN ORDER OF PROTECTION OR A MOTION FOR FURTHER RELIEF ON 
BEHALF OF A HOUSEHOLD MEMBER; AND BY AMENDING SECTION 20-4-50, RELATING TO 
HEARINGS ON A PETITION FOR AN ORDER OF PROTECTION, SO AS TO MAKE CONFORMING 
CHANGES.

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

SECTION 1. Section 20-4-20 of the S.C. Code is amended by adding:

 (g) "Victim advocate" means a "victim 
service provider," as defined in Section 16-3-1420, who speaks the survivor's 
preferred language or uses the services of a qualified interpreter.

SECTION 2. Section 20-4-40 of the S.C. Code is amended to read:

 Section 
20-4-40. There is created an action known as a 
"Petition for an Order of Protection" in cases of abuse to a household member.

 (a) A 
petition for relief under this section may be made by any household members in 
need of protection or by any household members on behalf of minor household 
members. A victim advocate may file a petition for an 
order of protection on behalf of a household member.

 (b) A 
petition for relief must allege the existence of abuse to a household member. 
It must state the specific time, place, details of the abuse, and other facts 
and circumstances upon which relief is sought and must be verified.

 (c) 
The petition must inform the respondent of the right to retain counsel.

 (d)(1) In a pending action for divorce or separate support 
and maintenance, the petition for relief shall be brought in the form of a 
motion for further relief and shall be served on counsel of record, if any. A victim advocate may file and serve the motion for further 
relief on behalf of a household member, even if the household member is 
represented by legal counsel in the pending action.

 (2) Where no action is pending, 
the petition shall be filed and served as an independent action.

 (3) A pending motion or petition 
for relief shall not be dismissed solely because the underlying action is 
dismissed.

 (4) If, subsequent to filing a petition 
for an order of protection pursuant to subsection (a), the petitioner or 
respondent files an action for divorce or separate support and maintenance, the 
court shall consolidate the petition for an order of protection with the action 
for divorce or separate support and maintenance and treat the petition for an 
order of protection as a motion for further relief in the action for divorce or 
separate support and maintenance. The court shall hold the requisite hearings 
on the motion for further relief as required by Section 20-4-50.

 (e) 
The clerk of court must provide simplified forms which will facilitate the 
preparation and filing of a petition or motion for further 
relief under this section by any person, whether or 
not represented by counsel, including motions and affidavits to proceed in 
forma pauperis.

 (f) 
The clerk of court may not charge a fee for filing a petition for an order for 
protection from domestic abuse.

SECTION 3. Section 20-4-50 of the S.C. Code is amended to read:

 Section 
20-4-50. (a) Within twenty-four hours 
after service of a petition or motion for further relief under 
this chapter upon the respondent, the court may, for good cause shown, hold an 
emergency hearing and issue an order of protection if the petitioner proves the 
allegation of abuse by a preponderance of the evidence. A prima facie showing 
of immediate and present danger of bodily injury, which may be verified by 
supporting affidavits, constitutes good cause for purposes of this section.

 (b) If 
the court denies the motion for a twenty-four-hour hearing or such a hearing is 
not requested, the petitioner may request and the court must grant a hearing 
within fifteen days of the filing of a petition or motion 
for further relief. The court must cause a copy of the petition or motion for further relief to be served upon the 
respondent at least five days prior to the hearing, except as provided in 
subsection (a), in the same manner required for service in the circuit courts. 
Where service is not accomplished five days prior to the hearing, the 
respondent, upon his motion, is entitled to a continuance until such time is 
necessary to provide for compliance with this section.

SECTION 4. This act takes effect upon approval 
by the Governor.

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