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Current Status Bill Number:View additional legislative information at the LPITS web site.3365 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990127 Primary Sponsor:Young-Brickell All Sponsors:Young-Brickell, Lourie, J. Smith, Bailey, Seithel, Lucas, Meacham-Richardson, Chellis, Stuart, Spearman, Gamble, Hinson, Rodgers, Gilham, Martin, Lee, Allen Drafted Document Number:l:\council\bills\psd\7126ac99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Criminal domestic violence treatment program for batterers; offense of in presence of minors created; Domestic Relations History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990217 Co-Sponsor added (Rule 5.2) by Rep. Allen House 19990127 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTIONS 16-25-30, 16-25-40, 16-25-50, 16-25-60, 16-25-70, ALL AS AMENDED, AND 16-25-65, ALL RELATING TO PROCEDURES AND PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE SO AS TO DELETE FINES AS A PENALTY FOR THESE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE, UPON THE OFFENDER SATISFACTORILY COMPLETING AN APPROVED TREATMENT PROGRAM FOR BATTERERS AND TO CREATE THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE IN THE PRESENCE OF A MINOR AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS AND THE RELEASE OF DEFENDANTS, SO AS TO AUTHORIZE A MAGISTRATE TO HOLD A DEFENDANT IN A CASE INVOLVING CRIMINAL DOMESTIC VIOLENCE FORTY-EIGHT HOURS AFTER ARREST, UPON GOOD CAUSE SHOWN AT THE BOND HEARING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-25-30 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"Section 16-25-30. Any A person who violates Section 16-25-20 is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the South Carolina Coalition Against Domestic Violence and Sexual Assault. The offender shall pay a reasonable fee for participation in the treatment program with the fee to be determined on a sliding scale based on the offender's income."
SECTION 2. Section 16-25-40 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"Section 16-25-40. Any A person who violates Section 16-25-20 after having previously been convicted of two violations of Section 16-25-20 or two violations of Section 16-25-65 or a violation of Section 16-25-20 and a violation of Section 16-25-65 is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not less than ninety days or more than three years, or both. The court may suspend the imposition or execution of all or part of the sentence, except the mandatory ninety day minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the South Carolina Coalition Against Domestic Violence and Sexual Assault. The offender shall pay a reasonable fee for participation in the treatment program with the fee to be determined on a sliding scale based on the offender's income."
SECTION 3. Section 16-25-50 of the 1976 Code, as last amended by Act 312 of 1998, is further amended to read:
"Section 16-25-50. A person violating the terms and conditions of an order of protection issued in this State under Chapter 4, Title 20, the 'Protection from Domestic Abuse Act', or a valid protection order related to domestic or family violence issued by a court of another state, tribe, or territory is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not more than five hundred dollars. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the South Carolina Coalition Against Domestic Violence and Sexual Assault. The offender shall pay a reasonable fee for participation in the treatment program with the fee to be determined on a sliding scale based on the offender's income. A person found guilty of a violation of Section 16-25-20 and this section may not be sentenced under both sections for the same offense. A person found guilty of a violation of Section 16-25-65 and this section for the same offense must be sentenced under Section 16-25-65."
SECTION 4. Section 16-25-60 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:
"Section 16-25-60. (A) Unless the complaint is voluntarily dismissed or the charge is dropped prior to before the scheduled trial date, a person charged with a violation provided in this chapter shall appear before a judge for disposition of the case.
(B) When a person is convicted of a violation of Section 16-25-20 or 16-25-50, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling batterers offered through a government agency, nonprofit organization, or private provider approved by the South Carolina Coalition Against Domestic Violence and Sexual Assault. The offender shall pay a reasonable fee for participation in the treatment program, with the fee to be determined on a sliding scale based on the offender's income.
(C) When a person is convicted of a violation of Section 16-25-40 or 16-25-65, the court may suspend execution of all or part of the sentence, except the minimum mandatory sentence, and place the offender on probation, conditioned upon:
(1) the offender completing, to the satisfaction of the court, a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling; batterers offered through a government agency, nonprofit organization, or private provider approved by the South Carolina Coalition Against Domestic Violence and Sexual Assault. The offender shall pay a reasonable fee for participation in the treatment program, with the fee to be determined on a sliding scale based on the offender's income;
(2) fulfillment of all the obligations arising under court order pursuant to Section 20-4-60 and this section;
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(D) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim. A court may require an offender to pay for participation in a program or treatment or counseling as an appropriate term or condition for suspending the imposition or execution of all or part of a sentence."
SECTION 5. Section 16-25-65 of the 1976 Code, as added by Act 516 of 1994, is further amended to read:
"Section 16-25-65. (A) The elements of the common law crime of assault and battery of a high and aggravated nature are incorporated in and made a part of the offense of A person who violates Section 16-25-20 is guilty of the offense of:
(1) criminal domestic violence of a high and aggravated nature when a person violates the provisions of Section 16-25-20 and the elements of assault and battery of a high and aggravated nature are present;
(2) criminal domestic violence committed in the presence of a minor when the act is committed in the physical presence of a child under the age of eighteen years.
(B) A person who commits the a crime of criminal domestic violence of a high and aggravated nature enumerated in subsection (A) is guilty of a misdemeanor felony and, upon conviction, must be fined not more than three thousand dollars or imprisoned not less than ninety days or more than ten years, or both. The court may suspend the imposition or execution of all or part of the sentence, except the mandatory ninety-day minimum, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the South Carolina Coalition Against Domestic Violence and Sexual Assault. The offender shall pay a reasonable fee for participation in the treatment program with the fee to be determined on a sliding scale based on the offender's income.
(C) The provisions of this section subsection (A)(1) create a statutory offense of criminal domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature."
SECTION 6. Section 16-25-70(G) of the 1976 Code, as last amended by Act 120 of 1997, is further amended to read:
"(G) When two or more household members are charged with a crime involving domestic or family violence arising from the same incident and the court finds that one party was the primary aggressor pursuant to this section, the court, if appropriate, may must dismiss charges against the other party or parties."
SECTION 7. Section 22-5-510(B) of the 1976 Code, as last amended by Act 425 of 1998, is further amended to read:
"(B) A person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility. However, in cases involving violations of Chapter 25, Title 16, a magistrate, upon request from the alleged victim and upon good cause shown at the hearing, may deny the defendant's release until forty-eight hours after the defendant's arrest."
SECTION 8. This act takes effect upon approval by the Governor.
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