Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
March 5, 2008
H. 4601
Introduced by Reps. W.D. Smith, Cobb-Hunter, Talley, Hagood, Scott, Viers, Mitchell, Clemmons and Whipper
S. Printed 3/5/08--H.
Read the first time January 30, 2008.
TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW THE CRIME VICTIM'S ADVISORY BOARD TO AUTHORIZE ADDITIONAL COUNSELING FOR VICTIMS BASED ON DOCUMENTED NEED; TO AMEND SECTION 16-3-1230, AS AMENDED, RELATING TO CRIME VICTIMS' COMPENSATION CLAIMS, SO AS TO ALLOW CLAIM SUBMISSION VIA FACSIMILE OR OTHER ELECTRONIC MEANS; TO AMEND ARTICLE 14, CHAPTER 3 OF TITLE 16, RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO RESTRUCTURE THE PROGRAM SO AS TO EMPOWER THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE CERTAIN SERVICES CURRENTLY PROVIDED BY THE VICTIM COMPENSATION FUND, TO RESTRUCTURE THE VICTIMS' SERVICES TO BE PROVIDED, TO CREATE THE VICTIM SERVICES COORDINATING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP, AND TO CREATE THE OFFICE OF VICTIM SERVICES EDUCATION AND CERTIFICATION WITHIN THE OFFICE OF THE CRIME VICTIMS' OMSBUDSMAN AND ESTABLISH CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR VICTIM SERVICE PROVIDERS; AND BY ADDING SECTION 16-3-1680 SO AS TO AUTHORIZE THE CRIME VICTIMS' OMSBUDSMAN TO PROMULGATE NECESSARY REGULATIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-1180(A)(1) of the 1976 Code is amended to read:
"(1) reasonable and customary charges as periodically determined by the board for medical services, including mental health counseling, required and rendered as a direct result of the injury on which the claim is based, as long as these services are rendered by a licensed professional. Payment for mental health counseling is limited to the number of sessions during a one hundred eighty-day-period beginning on the date of the first counseling session or twenty sessions, whichever is greater;. Upon recommendation of the director, the board may allow victims who max out the current benefit of twenty mental health counseling sessions to request up to an additional twenty sessions for a total of forty sessions;"
SECTION 2. Section 16-3-1230(4) of the 1976 Code, as last amended by Act 380 of 2006, is further amended to read:
"(4) Claims must be filed in the office of the deputy director by conventional mail, facsimile, or in person, or through another electronic submission mechanism approved by the director. The deputy director shall accept for filing all claims submitted by persons eligible pursuant to subsection (1) and meeting the requirements as to the form of the claim contained in the regulations of the board."
SECTION 3. Article 14, Chapter 3, Title 16 of the 1976 Code is amended to read:
Section 16-3-1400. For the purpose of this article,:
(1) 'victim service provider' means a person charged through his job description with providing direct services to victims of crime; and
(2) 'witness' means any person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecutionor defense, whether or not any action or proceeding has yet been commenced.
Section 16-3-1410. (A) The Victim Compensation Fund is authorized to provide the following victim assistance services, contingent upon an appropriation of funds therefor by the General Assembly the availability of funds:
(A)(1) provide information, training, and technical assistance to state and local agencies and groups involved in victim/witness and domestic violence assistance, such as the Attorney General's Office, the solicitors' offices, law enforcement agencies, judges, hospital staff, rape crisis centers, and spouse abuse shelters.;
(B)(2) provide recommendations to the Governor and General Assembly on needed legislation and services for victims.;
(C)(3) serve as a clearinghouse of victim/witness information.;
(D) develop guidelines for the implementation of victim/witness assistance programs.
(E)(4) develop ongoing public awareness and programs to assist victims, such as newsletters, brochures, television and radio spots and programs, and news articles.;
(F)(5) provide staff support for a state level advisory group Victims Service Coordinating Council representative of all agencies and groups involved in victim/witness and domestic violence services to improve coordination efforts, suggest policy and procedural improvements to those agencies and groups as needed, and recommend needed statutory changes to the General Assembly.; and
(G)(6) coordinate the development and implementation of policy and guidelines for the treatment of victims/witnesses with appropriate agencies, with initial emphasis in the following three areas:.
(1) The State Victim/Witness Program shall work with the solicitors of this State, the Attorney General's Office, and relevant professional organizations to develop guidelines for solicitors to follow in the handling of victims, to include but not be limited to:
(a) Periodically informing victims of the status of a case.
(b) Providing information to the court on the views of victims of violent crime on bail decisions, continuances, plea bargains, dismissals, sentencing, and restitution.
(c) Pursuing charges of defendants who harass, threaten, injure, or otherwise attempt to intimidate or retaliate against victims or witnesses.
(d) Utilizing a victim and witness on-call system.
(e) Developing procedures for the prompt return of victims' property.
(f) Considering the views of victims and witnesses concerning the use of case continuances.
(g) Informing the solicitors' offices about victim assistance units and their effectiveness.
(h) Informing victims of the availability of civil as well as criminal redress.
(2) The State Victim/Witness Program shall assist the Office of Court Administration and South Carolina Sentencing Guidelines Commission in developing guidelines for all judges to follow in the handling of victims, to include but not be limited to:
(a) Scheduling of court proceedings and an on-call notification system.
(b) Separate waiting rooms for prosecution and defense witnesses.
(c) Special weight for victim's interests when considering requests for continuances.
(d) Special weight must be given to the victim's interest in speedy return of property before trial in ruling on the admissibility of photographs of that property.
(e) Child sexual assault/incest victims must be given practical legal support by allowing them videotape, legal transcript, or closed session testimony.
(3) The State Victim/Witness Program shall work with the appropriate law enforcement officers' associations and other relevant organizations to develop guidelines and model policies for law enforcement agencies to utilize in handling and working with victims of crime.
(B) The Victim Services Coordinating Council shall consist of the following twenty members:
(1) the director of the State Office of Victim Assistance, or his designee;
(2) the director of the South Carolina Department of Probation, Parole and Pardon Services, or his designee;
(3) the director of the South Carolina Department of Corrections, or his designee;
(4) the director of the South Carolina Department of Juvenile Justice, or his designee;
(5) the director of the South Carolina Commission on Prosecution Coordination, or his designee;
(6) the Governor's Crime Victims' Ombudsman, or his designee;
(7) the director of the South Carolina Sheriffs' Association, or his designee;
(8) the director of the Solicitors' Advocate Forum, or his designee;
(9) the director of the Law Enforcement Victim Advocate Association, or his designee;
(10) the director of the South Carolina Coalition Against Domestic Violence and Sexual Assault, or his designee;
(11) the Attorney General, or his designee;
(12) the administrator of the Office of Justice Programs, Department of Public Safety, or his designee;
(13) four representatives appointed by the State Office of Victim Assistance for a term of two years and until their successors are appointed and qualified for each of the following categories:
(a) one representative of university or campus services; (b) one representative of a statewide crime victim organization;
(c) one representative of a statewide child advocacy organization; and
(d) one crime victim; and
(14) four at-large seats elected upon two-thirds vote of the other thirteen members of the Victim Services Coordinating Council for a term of two years and until their successors are appointed and qualified, at least one of whom must be a crime victim and two of which must be representatives of community-based nongovernmental organizations.
The council shall meet at least four times per year.
Section 16-3-1420. The director of the State Victim/Witness Assistance Program is the director of the South Carolina Victim's Compensation Fund State Office of Victim Assistance."
SECTION 4. Section 16-3-1620 of the 1976 Code is amended to read:
"Section 16-3-1620. (A) The Crime Victims' Ombudsman of the Office of the Governor is created. The Crime Victims' Ombudsman is appointed by the Governor with the advice and consent of the Senate and serves at the pleasure of the Governor.
(B) The Crime Victims' Ombudsman of the Office of the Governor shall:
(1) refer crime victims to the appropriate element of the criminal and juvenile justice systems or victim assistance programs, or both, when services are requested by crime victims or are necessary as determined by the ombudsman;
(2) act as a liaison between elements of the criminal and juvenile justice systems, victim assistance programs, and victims when the need for liaison services is recognized by the ombudsman; and
(3) review and attempt to resolve complaints against elements of the criminal and juvenile justice systems or victim assistance programs, or both, made to the ombudsman by victims of criminal activity within the state's jurisdiction.
(C) There is created within the Crime Victims' Ombudsman of the Office of the Governor, the Office of Victim Services Education and Certification which shall:
(1) provide oversight of training, education, and certification of victim assistance programs;
(2) with approval of the Victim Services Coordinating Council, promulgate training standards and requirements;
(3) approve training curricula for credit hours toward certification;
(4) provide victim service provider certification; and
(5) maintain records of certified victim service providers.
(D) Public victim assistance programs shall ensure that all victim service providers employed in their respective offices are certified through the Office of Victim Services Education and Certification within the Office of the Crime Victims' Ombudsman.
(1) Private, nonprofit programs shall ensure that all victim service providers in these nonprofit programs are certified by a Victim Service Coordinating Council approved certification program. Victim Service Coordinating Council approval must include review of the program to ensure that requirements are commensurate with the certification requirements for public victim assistance service providers.
(2) Victim service providers, serving in public or private nonprofit programs, employed on the effective date of this chapter are exempt from basic certification requirements but shall meet annual continuing education requirements to maintain certification. Victim service providers, serving in public or private nonprofit programs, employed after the effective date of this chapter are required to complete the basic certification requirements within one year from the date of employment and to meet annual continuing education requirements to maintain certification throughout their employment.
(3) The mandatory minimum certification requirements, as promulgated by the crime victims' ombudsman, may not exceed fifteen hours, and the mandatory minimum requirements for continuing advocacy education, as promulgated by the crime victims' ombudsman, may not exceed twelve hours."
SECTION 5. Article 16, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-1680. The Crime Victims' Ombudsman of the Office of the Governor may promulgate those regulations necessary to assist it in performing its required duties as provided by this chapter."
SECTION 6. 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 7. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 8. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 2:55 P.M.