Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
S. 1291
STATUS INFORMATION
General Bill
Sponsors: Senator Martin
Document Path: l:\s-res\lam\049domv.mrh.doc
Companion/Similar bill(s): 5001
Introduced in the Senate on April 15, 2008
Currently residing in the Senate Committee on Judiciary
Summary: Domestic violence shelter
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
4/15/2008 Senate Introduced and read first time SJ-4
4/15/2008 Senate Referred to Committee on Judiciary SJ-4
4/21/2008 Senate Referred to Subcommittee: Hawkins (ch), Sheheen, Lourie,
Vaughn
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-125 SO AS TO CREATE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER AND TO PROVIDE A PENALTY; AND 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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 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 is located, whether fenced or unfenced.
(B) A person who does not have legitimate business or any authorization, license, or invitation to enter or remain upon the grounds or structure of a domestic violence shelter and who enters or remains upon the grounds or structure of the shelter commits a trespass upon the grounds or structure of a domestic violence shelter and 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."
SECTION 2. 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 underpursuant to the provisions of Section 16-25-20(A) or (E),or 16-25-65, or 16-25-125(B) even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protectionprobable 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."
SECTION 3. 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.
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, October 10, 2011 at 1:32 P.M.