South Carolina H 5366: USC NCAA basketball champions

Bill Text

2025-2026 Bill 5366 Text of Previous Version (Mar. 11, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5366

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 ADDING SECTION 20-4-35 SO AS TO ALLOW MAGISTRATES TO 
ISSUE EX PARTE ORDERS OF PROTECTION IN CERTAIN CIRCUMSTANCES; AND BY AMENDING 
SECTIONS 20-4-30, 20-4-50, AND 20-4-90, ALL RELATING TO ORDERS OF PROTECTION, SO 
AS TO MAKE CONFORMING CHANGES, AND FOR OTHER PURPOSES.

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

SECTION 1. Article 1, Chapter 4, Title 20 of the S.C. Code is 
amended by adding:

 Section 
20-4-35. (A) A magistrate may issue 
an ex parte order of protection without prior notice to the respondent, or 
counsel for the respondent, or the opportunity to be heard, if the magistrate 
determines there is probable cause to believe that by reason of abuse there 
exists an immediate and present danger of bodily injury to a household member 
in need of protection. A prima facie showing of immediate and present danger of 
bodily injury, as well as the specific time, place, details of the abuse, and 
other facts and circumstances upon which the ex parte order is sought, which 
may be verified by supporting affidavits, constitutes probable cause for 
purposes of this subsection.

 (B) 
Within fourteen days after issuing an ex parte order, the magistrate must hold 
a hearing to determine if the petitioner is entitled to an order of protection. 
A copy of the ex parte order of protection and written notice of the hearing 
must be served on the respondent in accordance with subsection (C) and must 
inform the respondent of the right to be heard and the right to retain counsel.

 (C) The 
magistrate must cause a copy of the ex parte order of protection and notice of 
hearing to be served upon the respondent at least five days prior to the 
hearing, 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 as is necessary 
to provide for compliance with this section. However, the provisions of the ex 
parte order of protection remain in effect until the hearing can be held.

 (D) At 
the hearing, the magistrate shall determine based on the evidence whether the 
petitioner has proven the allegation of abuse by a preponderance of the 
evidence and whether an order of protection continues to be appropriate to 
protect the petitioner or the abused person or persons on whose behalf the ex 
parte order of protection was issued. If the magistrate determines that the 
order of protection is to remain in effect, the magistrate shall issue an order 
in accordance with Section 20-4-60, which shall remain in effect as provided 
for in Section 20-4-70.

 (E) Any 
future proceedings between the parties must be held in family court, except as 
otherwise allowed pursuant to this chapter.

SECTION 
2.A. Section 20-4-30(A) of the S.C. Code is amended 
to read:

 (A) The family court has jurisdiction 
over all proceedings under this chapter except that, during nonbusiness hours 
or at other times when the court is not in session, the petition may be filed 
with a magistrate. The magistrate may issue an order of 
protection granting onlyA magistrate may issue an 
ex parte order protection pursuant to Section 20-4-35 and has jurisdiction over 
the initial hearing required following issuance of an ex parte order of 
protection. An order of protection issued by a magistrate may grant the 
relief provided by Section 20-4-60(a)(1) and (2).

B. Section 20-4-50(a) of the S.C. Code is amended to read:

 (a) Within twenty-four hours after 
service of a petition under this chapter upon the respondent, the court mayshall, 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.

C. Section 20-4-90 of the S.C. Code is amended to read:

 Section 
20-4-90. When any order is issued pursuant to this chapter, upon request of the 
petitioner, the court may, as part of the order, require the sheriff's 
department or the police department pursuant to duties described under Section 
20-4-100 to accompany the petitioner and assist in placing the petitioner in 
the possession of the dwelling or residence or otherwise assist in execution of 
service of the order, or to accompany the respondent to 
retrieve personal belongings from the dwelling or residence.

SECTION 3. This act takes effect upon approval 
by the Governor.

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