Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. This act may be cited as the "Domestic Violence Reform Act".
SECTION 2. Section 16-25-10 of the 1976 Code, as last amended by Act 166 of 2005, is further amended to read:
"Section 16-25-10.
As used in this article, the term:
(1) 'Deadly
weapon' means any pistol, dirk, slingshot, metal knuckles,
razor, or other instrument which can be used to inflict deadly
force.
(2)
'Great bodily injury' means an injury as defined in
Section 16-3-600(A)(1).
(3)
'Household member' means:
(1)(a) a
spouse;
(2)(b) a
former spouse;
(3)(c) persons
who have a child in common; or
(4)(d) a male
and female who are cohabiting or formerly have cohabited.
(4) 'Moderate
bodily injury' means an injury as defined in Section
16-3-600(A)(2).
(5)
'Prior conviction of domestic violence' includes
conviction of any crime, in any state, containing among its
elements those enumerated in, or substantially similar to those
enumerated in, Section 16-25-20(A) that is committed against a
household member as defined in item (3) within the ten years
prior to the incident date of the current offense.
(6)
'Protection order' means any order of protection,
restraining order, condition of bond, or any other similar order
issued in this State or another state or foreign jurisdiction
for the purpose of protecting a household member.
(7)
'Firearm' means a pistol, revolver, rifle, shotgun,
machine gun, submachine gun, or an assault rifle which is
designed to fire or is capable of firing fixed cartridge
ammunition or from which a shot or projectile is discharged by
an explosive but does not include an antique firearm as defined
in 18 U.S.C. 921(a)(16)."
SECTION 3. Section 16-25-20 of the 1976 Code, as last amended by Act 255 of 2008, is further amended to read:
"Section 16-25-20.
(A) It is unlawful to:
(1)
cause physical harm or injury to a person's own household
member; or
(2)
offer or attempt to cause physical harm or injury to a
person's own household member with apparent present ability
under circumstances reasonably creating fear of imminent
peril.
(B) Except as otherwise
provided in this section, a person who violates the
provisions of subsection (A) is guilty of
commits the offense of criminal domestic
violence and, upon conviction, must be punished as
follows in the first degree if the person violates
the provisions of subsection (A) and:
(1)
for a first offense, the person is guilty of a
misdemeanor and must be fined not less than one thousand dollars
nor more than two thousand five hundred dollars or imprisoned
not more than thirty days. The court may suspend the imposition
or execution of all or part of the fine conditioned upon the
offender completing, to the satisfaction of the court, and in
accordance with the provisions of Section 16-25-20(H), a program
designed to treat batterers. Notwithstanding the provisions of
Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant
to the provisions of this subsection must be tried in summary
court great bodily injury to the person's own
household member results or the person offered or attempted to
injure the person's own household member with the present
ability to do so and a reasonable person could assume great
bodily injury could result;
(2)
for a second offense, the person is guilty of a
misdemeanor and must be fined not less than two thousand five
hundred dollars nor more than five thousand dollars and
imprisoned not less than a mandatory minimum of thirty days nor
more than one year. The court may suspend the imposition or
execution of all or part of the sentence, except the thirty-day
mandatory minimum sentence, conditioned upon the offender
completing, to the satisfaction of the court, and in accordance
with the provisions of Section 16-25-20(H), a program designed
to treat batterers. If a person is sentenced to a mandatory
minimum of thirty days pursuant to the provisions of this
subsection, the judge may provide that the sentence be served
two days during the week or on weekends until the sentence is
completed and is eligible for early release based on credits he
is able to earn during the service of his sentence, including,
but not limited to, good-time credits the person
violates a protection order and in the process of violating the
order commits domestic violence in the second degree;
(3)
for a third or subsequent offense, the person is
guilty of a felony and must be imprisoned not less than a
mandatory minimum of one year but not more than five
years. has two or more prior convictions of domestic
violence within ten years of the current offense;
(4)
the person uses a firearm in any manner while
violating the provisions of subsection (A); or
(5)
in the process of committing domestic violence
in the second degree one of the following also results:
(a)
the offense is committed in the presence of, or
while being perceived by a minor;
(b)
the offense is committed against a person known,
or who reasonably should have been known, by the offender to be
pregnant;
(c)
the offense is committed during the commission
of a robbery, burglary, kidnapping, or theft;
(d)
the offense is committed by impeding the
victim's breathing or air flow; or
(e)
the offense is committed using physical force or
the threatened use of force against another to block that
person's access to any cell phone, telephone, or electronic
communication device with the purpose of preventing,
obstructing, or interfering with:
(i)
the report of any criminal offense, bodily
injury, or property damage to a law enforcement agency; or
(ii)
a request for an ambulance or emergency medical
assistance to any law enforcement agency or emergency medical
provider.
A person who violates this
subsection is guilty of a felony and, upon conviction, must be
imprisoned for not more than ten years.
Domestic violence in the first degree is
a lesser included offense of domestic violence of a high and
aggravated nature, as defined in Section 16-25-65.
(C) For the
purposes of subsections (A) and (B), a conviction within the
previous ten years for a violation of subsection (A), Section
16-25-65, or a criminal domestic violence offense in another
state which includes similar elements to the provisions of
subsection (A) or Section 16-25-65, constitutes a prior offense.
A conviction for a violation of a criminal domestic violence
offense in another state does not constitute a prior offense if
the offense is committed against a person other than a
"household member" as defined in Section 16-25-10.
(D)
A person who violates 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 and fined not more than five hundred dollars
A person commits the offense of domestic violence
in the second degree if the person violates subsection (A)
and:
(1)
moderate bodily injury to their own household
member results or moderate bodily injury to their own household
member could have resulted; or
(2)
the person violates a protection order and in
the process of violating the order commits domestic violence in
the third degree; or
(3)
the person has one prior conviction for domestic
violence in the past ten years from the current offense; or
(4)
in the process of committing domestic violence
in the third degree one of the following also results:
(a)
the offense is committed in the presence of, or
while being perceived by, a minor;
(b)
the offense is committed against a person known,
or who reasonably should have been known, by the offender to be
pregnant;
(c)
the offense is committed during the commission
of a robbery, burglary, kidnapping, or theft;
(d)
the offense is committed by impeding the
victim's breathing or air flow; or
(e)
the offense is committed using physical force or
the threatened use of force against another to block that
person's access to any cell phone, telephone, or electronic
communication device with the purpose of preventing,
obstructing, or interfering with:
(i)
the report of any criminal offense, bodily
injury, or property damage to a law enforcement agency; or
(ii)
a request for an ambulance or emergency medical
assistance to any law enforcement agency or emergency medical
provider.
A person who violates this
subsection is guilty of a misdemeanor and, upon conviction, must
be fined not less than two thousand five hundred dollars nor
more than five thousand dollars or imprisoned for not more than
three years, or both.
Domestic violence in the second
degree is a lesser-included offense of domestic violence in the
first degree, as defined in subsection (A), and domestic
violence of a high and aggravated nature, as defined in Section
16-25-65.
(E)(D)
Unless the complaint is voluntarily
dismissed or the charge is dropped prior to the scheduled trial
date, a person charged with a violation provided in this chapter
must appear before a judge for disposition of the case
A person commits the offense of domestic violence in the
third degree if the person violates subsection (A).
(1)
A person who violates this subsection is guilty
of a misdemeanor and, upon conviction, must be fined not less
than one thousand dollars nor more than two thousand five
hundred dollars or imprisoned not more than six months, or
both.
(2)
Domestic violence in the third degree is a
lesser-included offense of domestic violence in the second
degree, as defined in subsection (C), domestic violence in the
first degree, as defined in subsection (B), and domestic
violence of a high and aggravated nature, as defined in Section
16-25-65.
(F)(E)
When a person is convicted of a violation of
this section or Section 16-25-65 or sentenced
pursuant to subsection (C), the court may suspend
execution of all or part of the sentence, except for the
mandatory minimum sentence, and place the offender on
probation, conditioned upon:
(1)
the offender completing offender's
mandatory completion, to the satisfaction of the court,
a of a domestic violence intervention
program designed to treat batterers in accordance with the
provisions of subsection (G);
(2)
fulfillment of all the obligations arising under court
order pursuant to this section and Section 16-25-65;
and
(3)
other reasonable terms and conditions of probation as the
court may determine necessary to ensure the protection of the
victim; and
(4)
making restitution as the court deems
appropriate.
(G)(F)
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.
(H)(G)
An offender who participates in a batterer
treatment domestic violence intervention program
pursuant to this section, must shall
participate in a program offered through a government agency,
nonprofit organization, or private provider approved by the
Department of Social Services Circuit
Solicitor with jurisdiction over the offense or, if the offender
moves to a different circuit after entering a treatment program,
the Circuit Solicitor for the county in which the offender
resides. The offender must shall pay
a reasonable fee, if required, for participation in the
treatment program but no person may be denied
treatment participation due to inability
to pay. If the offender suffers from a substance abuse problem
or mental health concern, the judge may order, or the
batterer treatment program may refer, the
offender to supplemental treatment coordinated through the
Department of Alcohol and Other Drug Abuse Services with the
local alcohol and drug treatment authorities pursuant to Section
61-12-20 or the Department of Mental Health or Veterans'
Hospital, respectively. The offender must pay a reasonable
fee for participation in the substance abuse treatment or
mental health program, if required, but no person may
be denied treatment participation due to
inability to pay.
(H) A person
who violates the terms and conditions of an order of protection
issued in this State pursuant to 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 and fined not more than five hundred dollars.
(I)
Unless the complaint is voluntarily dismissed or the
charge is dropped prior to the scheduled trial date, a person
charged with a violation provided in this chapter must appear
before a judge for disposition of the case.
(J) Upon
a plea agreement or conviction for a violation of subsection
(D), the judge shall make a determination as to whether the
defendant shall have his civil rights restored in accordance
with 18 U.S.C. 921(a)(33)(B)(ii).
(K)
Notwithstanding any other provision of law, the judge
may provide, as a condition of bond, that an offender who
violates the provisions of subsection (B) or (C) may not ship,
transport, possess, or receive a firearm or ammunition while the
offender is under bond."
SECTION 4. Section 16-25-65 of the 1976 Code, as last amended by Act 166 of 2005, is further amended to read:
"Section 16-25-65.
(A) A person who violates Section
16-25-20(A) is guilty of the offense of
criminal domestic violence of a high and
aggravated nature when one of the following occurs. The person
commits:
(1)
an assault and battery which involves the use of a
deadly weapon or results in serious bodily injury to the
victim commits the offense under circumstances
manifesting extreme indifference to the value of human life and
great bodily injury to the victim results;
or
(2)
an assault, with or without an accompanying
battery, which would reasonably cause a person to fear imminent
serious bodily injury or death. commits the offense,
with or without an accompanying battery and under circumstances
manifesting extreme indifference to the value of human life, and
would reasonably cause a person to fear imminent great bodily
injury or death; or
(3)
violates a protection order and, in the process
of violating the order, commits domestic violence in the first
degree.
(B) A person who
violates subsection (A) is guilty of a felony and, upon
conviction, must be imprisoned not less than a mandatory
minimum of one year nor more than ten years. The court may
suspend the imposition or execution of all or part of the
sentence, except the one-year mandatory 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
Department of Social Services. The offender must pay a
reasonable fee for participation in the treatment program, but
no person may be denied treatment due to inability to pay. If
the offender suffers from a substance abuse problem, the judge
may order, or the batterer treatment program may refer, the
offender to supplemental treatment coordinated through the
Department of Alcohol and Other Drug Abuse Services with the
local alcohol and drug treatment authorities pursuant to Section
61-12-20. The offender must pay a reasonable fee for
participation in the substance abuse treatment program, but no
person may be denied treatment due to inability to pay
for not more than twenty years.
(C) The provisions of
subsection (A) 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.
(D)
Circumstances manifesting extreme indifference to the
value of human life include, but are not limited to, the
following:
(1)
using a deadly weapon;
(2)
impeding the normal breathing or circulation of
the blood of a household member by applying pressure to the
throat or neck or by obstructing the nose or mouth of a
household member;
(3)
committing the offense in the presence of a
minor;
(4)
committing the offense against a person he knew,
or should have known, to be pregnant;
(5)
committing the offense during the commission of
a robbery, burglary, kidnapping, or theft; or
(6)
using physical force against another to block
that person's access to any cell phone, telephone, or electronic
communication device with the purpose of preventing,
obstructing, or interfering with:
(a)
the report of any criminal offense, bodily
injury, or property damage to a law enforcement agency; or
(b)
a request for an ambulance or emergency medical
assistance to any law enforcement agency or emergency medical
provider.
(E)
Notwithstanding any other provision of law, the judge
may provide, as a condition of bond, that an offender who
violates the provisions of this section may not ship, transport,
possess, or receive a firearm or ammunition while the offender
is under bond."
SECTION 5. Section 16-1-60 of the 1976 Code, as last amended by Act 255 of 2012, is further amended to read:
"Section 16-1-60.
For purposes of definition under South Carolina law, a
violent crime includes the offenses of: murder (Section
16-3-10); attempted murder (Section 16-3-29); assault and
battery by mob, first degree, resulting in death (Section
16-3-210(B)), criminal sexual conduct in the first and second
degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct
with minors, first, second, and third degree (Section 16-3-655);
assault with intent to commit criminal sexual conduct, first and
second degree (Section 16-3-656); assault and battery with
intent to kill (Section 16-3-620); assault and battery of a high
and aggravated nature (Section 16-3-600(B)); kidnapping (Section
16-3-910); trafficking in persons (Section 16-3-930); voluntary
manslaughter (Section 16-3-50); armed robbery (Section
16-11-330(A)); attempted armed robbery (Section 16-11-330(B));
carjacking (Section 16-3-1075); drug trafficking as defined in
Section 44-53-370(e) or trafficking cocaine base as defined in
Section 44-53-375(C); manufacturing or trafficking
methamphetamine as defined in Section 44-53-375; arson in the
first degree (Section 16-11-110(A)); arson in the second degree
(Section 16-11-110(B)); burglary in the first degree (Section
16-11-311); burglary in the second degree (Section
16-11-312(B)); engaging a child for a sexual performance
(Section 16-3-810); homicide by child abuse (Section
16-3-85(A)(1)); aiding and abetting homicide by child abuse
(Section 16-3-85(A)(2)); inflicting great bodily injury upon a
child (Section 16-3-95(A)); allowing great bodily injury to be
inflicted upon a child (Section 16-3-95(B));
criminal domestic violence of a high and
aggravated nature (Section 16-25-65); domestic violence in
the first degree (Section 16-25-20(B)); abuse or neglect of
a vulnerable adult resulting in death (Section 43-35-85(F));
abuse or neglect of a vulnerable adult resulting in great bodily
injury (Section 43-35-85(E)); taking of a hostage by an inmate
(Section 24-13-450); detonating a destructive device upon the
capitol grounds resulting in death with malice (Section
10-11-325(B)(1)); spousal sexual battery (Section 16-3-615);
producing, directing, or promoting sexual performance by a child
(Section 16-3-820); sexual exploitation of a minor first degree
(Section 16-15-395); sexual exploitation of a minor second
degree (Section 16-15-405); promoting prostitution of a minor
(Section 16-15-415); participating in prostitution of a minor
(Section 16-15-425); aggravated voyeurism (Section
16-17-470(C)); detonating a destructive device resulting in
death with malice (Section 16-23-720(A)(1)); detonating a
destructive device resulting in death without malice (Section
16-23-720(A)(2)); boating under the influence resulting in death
(Section 50-21-113(A)(2)); vessel operator's failure to render
assistance resulting in death (Section 50-21-130(A)(3));
damaging an airport facility or removing equipment resulting in
death (Section 55-1-30(3)); failure to stop when signaled by a
law enforcement vehicle resulting in death (Section
56-5-750(C)(2)); interference with traffic-control devices,
railroad signs, or signals resulting in death (Section
56-5-1030(B)(3)); hit and run resulting in death (Section
56-5-1210(A)(3)); felony driving under the influence or felony
driving with an unlawful alcohol concentration resulting in
death (Section 56-5-2945(A)(2)); putting destructive or
injurious materials on a highway resulting in death (Section
57-7-20(D)); obstruction of a railroad resulting in death
(Section 58-17-4090); accessory before the fact to commit any of
the above offenses (Section 16-1-40); and attempt to commit any
of the above offenses (Section 16-1-80). Only those offenses
specifically enumerated in this section are considered violent
offenses."
SECTION 6. Section 17-25-45(C)(2) of the 1976 Code is amended to read:
"(2) 'Serious
offense' means:
(a)
any offense which is punishable by a maximum term of
imprisonment for thirty years or more which is not referenced in
subsection (C)(1);
(b)
those felonies enumerated as follows:
16-3-220
Lynching, Second degree
16-3-210(C)
Assault and battery by mob, Second degree
16-3-600(B)
Assault and battery of a high and aggravated
nature
16-3-810
Engaging child for sexual performance
16-9-220
Acceptance of bribes by officers
16-9-290
Accepting bribes for purpose of procuring public
office
16-11-110(B)
Arson, Second degree
16-11-312(B)
Burglary, Second degree
16-11-380(B)
Theft of a person using an automated teller
machine
16-13-210(1)
Embezzlement of public funds
16-13-230(B)(3)
Breach of trust with fraudulent intent
16-13-240(1)
Obtaining signature or property by false
pretenses
16-25-20(B)
Domestic violence, First degree
16-25-65
Domestic violence of a high and
aggravated nature
38-55-540(3)
Insurance fraud
44-53-370(e)
Trafficking in controlled substances
44-53-375(C)
Trafficking in ice, crank, or crack cocaine
44-53-445(B)(1)&(2)
Distribute, sell, manufacture, or possess with intent to
distribute controlled substances within proximity of school
56-5-2945
Causing death by operating vehicle while under
influence of drugs or alcohol; and
(c)
the offenses enumerated below:
16-1-40
Accessory before the fact for any of the offenses listed
in subitems (a) and (b)
16-1-80
Attempt to commit any of the offenses listed in subitems
(a) and (b)
43-35-85(E)
Abuse or neglect of a vulnerable adult resulting in
great bodily injury."
SECTION 7. Section 56-7-10(A) of the 1976 Code is amended to read:
"(A) There will be a uniform traffic ticket used by all law enforcement officers in arrests for traffic offenses and for the following additional offenses:
Offense
Citation
Interfering with Police Officer
Serving Process
Section 16-5-50
Dumping Trash on Highway/Private
Property
Section 16-11-700
Indecent Exposure
Section 16-15-130
Disorderly Conduct
Section 16-17-530
Damaging Highway
Section 57-7-10
Place Glass, Nails, Etc. on Highway
Section 57-7-20
Obstruction of Highway by Railroad
Cars, Etc.
Section 57-7-240
Signs Permitted on Interstate
Section 57-25-140
Brown Bagging
Section 61-5-20
Drinking Liquors in Public
Conveyance
Section 61-13-360
Poles Dragging on Highway
Section 57-7-80
Open Container
Section 61-9-87
Purchase or Possession of Beer or
Wine by a Person Under Age
Section 63-19-2440
Purchase or Possession of
Alcoholic Liquor by a Person
Under Age Twenty-One
Section 63-19-2450
Unlawful Possession and
Consumption of Alcoholic Liquors
Section 61-5-30
Sale of Beer or Wine on Which
Tax Has Not Been Paid
Section 61-9-20
Falsification of Age to Purchase
Beer or Wine
Section 61-9-50
Unlawful Purchase of Beer or
Wine for a Person Who Cannot
Legally Buy
Section 61-9-60
Unlawful Sale or Purchase of Beer
or Wine, Giving False Information
as to Age, Buying Beer or Wine
Unlawfully for Another
Section 61-9-85
Employment of a Person Under the
Age of Twenty-One as an
Employee in Retail or Wholesale
or Manufacturing Liquor Business
Section 61-13-340
Failure to Remove Doors from
Abandoned Refrigerators
Section 16-3-1010
Malicious Injury to Animals
or Personal Property
Section 16-11-510
Timber, Logs, or Lumber Cutting,
Removing, Transporting Without
Permission, Valued at Less Than
Fifty Dollars
Section 16-11-580
Littering
Section 16-11-700
Larceny of a Bicycle Valued at
Less Than One Hundred Dollars
Section 16-13-80
Shoplifting
Section 16-13-110
Cock Fighting
Section 16-17-650
Ticket Scalping
Section 16-17-710
Criminal Domestic
Violence, First
Offense and Second Offense
(B)(1)
and (2)
second and third degree
Section 16-25-20
Glue Sniffing
Section 44-53-1110
Trespassing
Section 16-11-755
Trespassing
Section 16-11-600
Trespassing
Section 16-11-610
Trespassing
Section 16-11-620
Negligent Operation of
Watercraft; Operation of
Watercraft While Under Influence
of Alcohol or Drugs
Section 50-21-110
Negligence of Boat Livery to
Provide Proper Equipment and
Registration
Section 50-21-120
Interference with Aids to
Navigation or Regulatory
Markers or Operation of
Watercraft in Prohibited Area
Section 50-21-170
Operation of Watercraft Without
a Certificate of Title
Section 50-23-190
Parking on private property without
permission
Section 16-11-760
Certificate of Veterinary Inspection;
Requirement for Out-of- State
Livestock or Poultry
Section 47-4-60
Inhibition of Livestock Inspection
Section 47-4-120
Imported Swine
Section 47-6-50
Operating Equine Sales Facility or
Livestock Market Without Permit
Section 47-11-20
Liability of Person Removing
Livestock for Slaughter
Section 47-11-120
Notice to Disinfect
Section 47-13-310
Quarantine of Livestock or Poultry
Section 47-4-70
Unlawful for Horse to Enter
State Unless Tested
Section 47-13-1350
Quarantine of Exposed Horses
Section 47-13-1360
Proof of Test Required for Public
Assembly of Horses
Section 47-13-1370
False Certificates
Section 47-13-1390
Unlawful to Feed Garbage to Swine
Section 47-15-20
Notification Required from Certain
Persons Disposing of Garbage
Section 47-15-40
Sale of Uninspected Meat and Meat
Products
Section 47-17-60
Sale of Uninspected Poultry
and Poultry Product
Section 47-19-70"
SECTION 8. Section 17-15-30 of the 1976 Code, as last amended by Act 144 of 2014, is further amended to read:
"Section 17-15-30.
(A) In determining conditions of
release that will reasonably assure appearance, or if release
would constitute an unreasonable danger to the community or
an individual, a court may, on the basis of the following
information, consider the nature and circumstances of an offense
charged and the charged person's:
(1)
family ties;
(2)
employment;
(3)
financial resources;
(4)
character and mental condition;
(5)
length of residence in the community;
(6)
record of convictions; and
(7)
record of flight to avoid prosecution or failure to appear
at other court proceedings.
(B) A court shall
consider:
(1)
a person's criminal record;
(2)
any charges pending against a person at the time release
is requested;
(3)
all incident reports generated as a result of an offense
charged;
(4)
whether a person is an alien unlawfully present in the
United States, and poses a substantial flight risk due to this
status; and
(5)
whether the charged person appears in the state gang
database maintained at the State Law Enforcement Division.
(C)(1) Prior to or at
the time of a hearing, the arresting law enforcement agency
shall provide the court with the following information:
(a)
a person's criminal record;
(b)
any charges pending against a person at the time release
is requested;
(c)
all incident reports generated as a result of the offense
charged; and
(d)
any other information that will assist the court in
determining conditions of release.
(2)
The arresting law enforcement agency shall inform the
court if any of the information is not available at the time of
the hearing and the reason the information is not available.
Failure on the part of the law enforcement agency to provide the
court with the information does not constitute grounds for the
postponement or delay of the person's hearing.
Notwithstanding the provisions of this item, when a person is
charged with a violation of Chapter 25, Title 16, the bond
hearing may not proceed without the person's criminal record and
incident report or the presence of the arresting officer. The
bond hearing for a violation of Chapter 25, Title 16 must occur
within twenty-four hours after the arrest.
(D) A court hearing
these matters has contempt powers to enforce the provisions of
this section.
(E) Within
twenty-four hours after the filing of a rule to show cause
alleging a violation of a condition of the bond, the court shall
schedule an emergency hearing and may issue a bench warrant for
contempt if the party fails to appear. The court may revoke
bond if the court finds the party failed to adhere to a
condition of the bond."
SECTION 9. Section 22-5-510 of the 1976 Code, as last amended by Act 144 of 2014, is further amended to read:
"Section 22-5-510.
(A) Magistrates may admit to bail a
person charged with an offense, the punishment of which is not
death or imprisonment for life; provided, however, with respect
to violent offenses as defined by the General Assembly pursuant
to Section 15, Article I of the Constitution of South Carolina,
1895, magistrates may deny bail giving due weight to the
evidence and to the nature and circumstances of the event,
including, but not limited to, any charges pending against the
person requesting bail. 'Violent offenses' as used in this
section means the offenses contained in Section 16-1-60. If a
person under lawful arrest on a charge not bailable is brought
before a magistrate, the magistrate shall commit the person to
jail. If the offense charged is bailable, the magistrate shall
take recognizance with sufficient surety, if it is offered, in
default whereof the person must be incarcerated.
(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.
(C) In determining
conditions of release that will reasonably assure appearance, or
if release would constitute an unreasonable danger to the
community or an individual, a court, on the basis of the
following information, may consider the nature and circumstances
of an offense charged and the charged person's:
(1)
family ties;
(2)
employment;
(3)
financial resources;
(4)
character and mental condition;
(5)
length of residence in the community;
(6)
record of convictions; and
(7)
record of flight to avoid prosecution or failure to appear
at other court proceedings.
(D) A court shall
consider:
(1)
a person's criminal record;
(2)
any charges pending against a person at the time release
is requested;
(3)
all incident reports generated as a result of an offense
charged;
(4)
whether a person is an alien unlawfully present in the
United States, and poses a substantial flight risk due to this
status; and
(5)
whether the charged person appears in the state gang
database maintained at the State Law Enforcement Division.
(E) Prior to or at the
time of the bond hearing, the arresting law enforcement agency
shall provide the court with the following information:
(1)
the person's criminal record;
(2)
any charges pending against the person at the time release
is requested;
(3)
all incident reports generated as a result of the offense
charged; and
(4)
any other information that will assist the court in
determining conditions of release.
(F) The arresting law
enforcement agency shall inform the court if any of the
information required in subsections (C), (D), and (E) is not
available at the time of the hearing and the reason the
information is not available. Failure on the part of the law
enforcement agency to provide the court with the information
does not constitute grounds for the postponement or delay of the
person's bond hearing. Notwithstanding the provisions of
this subsection, when a person is charged with a violation of
Chapter 25, Title 16, the bond hearing may not proceed without
the person's criminal record and incident report or the presence
of the arresting officer. The bond hearing for a violation of
Chapter 25, Title 16 must occur within twenty-four hours after
the arrest.
(G) A court hearing
this matter has contempt powers to enforce these provisions.
(H) Within
twenty-four hours after the filing of a rule to show cause
alleging a violation of a condition of the bond, the court shall
schedule an emergency hearing and may issue a bench warrant for
contempt if the party fails to appear. The court may revoke
bond if the court finds the party failed to adhere to a
condition of the bond."
SECTION 10. Section 17-15-10 of the 1976 Code is amended to read:
"Section 17-15-10.
(A) Any A person charged with a
noncapital offense triable in either the magistrates, county or
circuit court, shall, at his appearance before any of such
courts, be ordered released pending trial on his own
recognizance without surety in an amount specified by the court,
unless the court determines in its discretion that such a
release will not reasonably assure the appearance of the person
as required, or unreasonable danger to the community or an
individual will result. If such a determination is made by
the court, it may impose any one or more of the following
conditions of release:
(1)
require the execution of an appearance bond in a specified
amount with good and sufficient surety or sureties approved by
the court;
(2)
place the person in the custody of a designated person or
organization agreeing to supervise him;
(3)
place restrictions on the travel, association, or place of
abode of the person during the period of release;
(4)
impose any other conditions deemed reasonably necessary to
assure appearance as required, including a condition that the
person return to custody after specified hours.
(B)
Any A person charged with the
offense of burglary in the first degree pursuant to Section
16-11-311 may have his bond hearing for that charge in summary
court unless the solicitor objects."
SECTION 11. Section 16-25-120 (A) and (B) of the 1976 Code are amended to read:
"(A) In addition
to the provisions of Section 17-15-30, the court
may must consider the factors provided
in subsection (B) when considering release of a person on bond
who is charged with a violent offense, as defined in Section
16-1-60, when the victim of the offense is a household member,
as defined in Section 16-25-10, and the person:
(1)
is subject to the terms of a valid order of protection or
restraining order at the time of the offense in this State or
another state; or
(2)
has a previous conviction involving the violation of a
valid order of protection or restraining order in this State or
another state.
(B) The court
may must consider the following factors
before release of a person on bond who is subject to the
provisions of subsection (A):
(1)
whether the person has a history of
criminal domestic violence, as defined in this
article, or a history of other violent offenses, as defined in
Section 16-1-60;
(2)
the mental health of the person;
(3)
whether the person has a history of violating the orders
of a court or other governmental agency; and
(4)
whether the person poses a potential threat to another
person."
SECTION 12. Section 17-15-50 of the 1976 Code is amended to read:
"Section 17-15-50. The court with jurisdiction of the offense may, at any time after notice and hearing, amend the order to impose additional or different conditions of release."
SECTION 13. Section 17-15-55 of the 1976 Code, as last amended by Act 144 of 2014, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) For the purpose of bond revocation only, a summary court has concurrent jurisdiction with the circuit court for ten days from the date bond is first set on a charge by the summary court to determine if bond should be revoked."
SECTION 14. Section 16-25-70(A) and (B) of the 1976 Code, as last amended by Act 319 of 2008, 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
pursuant to the provisions of Section 16-25-20(A) or (D),
16-25-65, or 16-25-125, even if the act did not take place in
the presence of the officer. The officer may, if necessary,
verify the existence of probable 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. The investigation must be documented on an
incident report form which must be maintained by the
investigating agency. 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.
(B)(1) A
law enforcement officer must arrest, with or without a warrant,
a person at the person's place of residence or elsewhere if
physical manifestations of injury to the alleged victim are
present and the officer has probable cause to believe that the
person is committing or has freshly committed a misdemeanor or
felony under the provisions of Section 16-25-20(A) or (D), or
16-25-65 even if the act did not take place in the presence of
the officer. A law enforcement officer
is may not required to
make an arrest if he determines probable cause does not exist
after consideration of the factors set forth in subsection (D)
and observance that no physical manifestation of injury is
present. The officer may, if necessary, verify the existence of
an order of protection by telephone or radio communication with
the appropriate law enforcement agency.
(2)
If the officer has probable cause to believe
that the person is committing or has freshly committed a
misdemeanor or felony under the provisions of Section
16-25-20(B), (C), (D), or (H) or Section 16-25-65, a law
enforcement officer must arrest, with or without a warrant, a
person at the person's place of residence or elsewhere, 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
protection by telephone or radio communication with the
appropriate law enforcement agency."
SECTION 15. The Department of Social Services in consultation with the South Carolina Voucher Program is directed to study current regulations and policies to ensure a domestic violence survivor may apply for childcare and receive childcare services while living in a traditional shelter or while sheltering in the home. The availability of such childcare must be designed to assist the survivor in receiving necessary services related to the care of the child in order to encourage participation in relevant court hearings if the survivor so chooses. The Department of Social Services and the South Carolina Voucher Program shall review relevant regulations as provided in this SECTION and report to the General Assembly by January 1, 2016, on whether current regulations are sufficient to meet the requirements of this SECTION or new regulations must be submitted to the General Assembly.
SECTION 16. Section 17-22-90(7) of the 1976 Code is amended to read:
"(7) if the
offense is first offense criminal domestic
violence pursuant to Section 16-25-20, agree in writing to
successful completion of a batterer's treatment program
approved by the Department of Social Services
Circuit Solicitor with jurisdiction over the offense or, if
the offender moves to a different circuit after entering a
treatment program, the Circuit Solicitor for the county in which
the offender resides. When referring a person to a
batterer's treatment program, a court may designate a program to
be used based on the court's experience with the program
regarding successful completion of the program and the level of
appropriate communication between the program and the court
regarding a person's attendance."
SECTION 17. Chapter 25, Title 16 of the 1976 Code is amended by adding:
Section 16-25-310. For
purposes of this article:
(1) 'Committee' means
the Domestic Violence Advisory Committee.
(2) 'Household member'
means a household member as defined in Section 16-25-10.
(3) 'Meeting' means
both in-person meetings and meetings through telephone
conferencing.
(4) 'Provider of
medical care' means a licensed health care practitioner who
provides, or a licensed health care facility through which is
provided, medical evaluation or treatment, including dental and
mental health evaluation or treatment.
(5) 'Working day' means
Monday through Friday, excluding official state holidays.
Section 16-25-320. (A)
There is created a multidisciplinary
Domestic Violence Advisory Committee composed of:
(1)
the Attorney General of the State of South Carolina, or a
designee, who serves ex officio;
(2)
the Director of the South Carolina Department of Social
Services, or a designee, who serves ex officio;
(3)
the Director of the South Carolina Department of Health
and Environmental Control, or a designee, who serves ex
officio;
(4)
the Director of the South Carolina Criminal Justice
Academy; or a designee, who serves ex officio;
(5)
the Chief of the South Carolina Law Enforcement Division,
or a designee, who serves ex officio;
(6)
the Director of the South Carolina Department of Alcohol
and Other Drug Abuse Services, or a designee, who serves ex
officio;
(7)
the Director of the South Carolina Department of Mental
Health, or a designee, who serves ex officio;
(8)
a county coroner or medical examiner, appointed by the
Governor on the recommendation of the South Carolina Criminal
Justice Academy, who serves ex officio;
(9)
a solicitor, appointed by the Governor on the
recommendation of the Attorney General, who serves ex
officio;
(10)
a sheriff, appointed by the Governor on the recommendation
of the Sheriffs' Association;
(11)
a victim advocate, appointed by the Governor on the
recommendation of the State Office of Victim Assistance of the
Office of the Governor;
(12)
a physician with experience in treating victims of
domestic violence, appointed by the Governor on the
recommendation of the South Carolina Medical Association;
(13)
two members of the public at large dedicated to the issue
of domestic violence, appointed by the Governor;
(14)
a police chief, appointed by the Governor on the
recommendation of the Law Enforcement Officers' Association;
(15)
one member of the South Carolina Senate, appointed by the
Senate Judiciary Committee Chairman; and
(16)
one member of the South Carolina House of Representatives,
appointed by the House Judiciary Committee Chairman.
(B)(1) If an individual
enumerated in items (A)(1) through (7) designates an employee to
serve as the committee member, the designee must have
administrative or program responsibilities for domestic
violence.
(2)
A member appointed by the Governor shall serve a term of
four years and until a successor is appointed and qualifies.
(C) The members of the
committee shall elect a chairman and vice chairman from among
the membership by a majority vote. The chairman and vice
chairman shall serve terms of two years.
(D) The committee shall
hold meetings at least quarterly. A majority of the committee
constitutes a quorum for the purpose of holding a meeting.
(E) Each ex officio
member shall provide sufficient staff and administrative support
to carry out the responsibilities of this article.
Section 16-25-330. (A)
The purpose of the Domestic Violence
Advisory Committee is to decrease the incidences of domestic
violence by:
(1)
developing an understanding of the causes and incidences
of domestic violence;
(2)
developing plans for and implementing changes within the
agencies represented on the committee which will prevent
domestic violence; and
(3)
advising the Governor and the General Assembly on
statutory, policy, and practice changes which will prevent
domestic violence.
(B) To achieve its
purpose, the committee shall:
(1)
undertake annual statistical studies of the incidences and
causes of domestic violence in this State, including an analysis
of:
(a)
community and public and private agency involvement with
the victims and their families;
(b)
whether the abuser has a previous criminal record
involving domestic violence or assault and battery;
(c)
recidivism rates;
(d)
the presence of alcohol or drug use;
(e)
whether the abuser has participated in a batterer
treatment program or other similar treatment program and the
name of the program;
(f)
the success or failure rate of approved treatment
programs;
(g)
married versus unmarried rates of violence; and
(h)
the rate of domestic violence per county;
(2)
consider training, including cross-agency training,
consultation, technical assistance needs, and service gaps that
would decrease the likelihood of domestic violence;
(3)
determine the need for changes to any statute, regulation,
policy, or procedure to decrease the incidences of domestic
violence and include proposals for changes to statutes,
regulations, policies, and procedures in the committee's annual
report;
(4)
educate the public regarding the incidences and causes of
domestic violence, specific steps the public can undertake to
prevent domestic violence, and the support that civic,
philanthropic, and public service organizations can provide in
assisting the committee to educate the public;
(5)
develop and implement policies and procedures for its own
governance and operation;
(6)
submit to the Governor and the General Assembly a publicly
available annual written report and any other reports prepared
by the committee including, but not limited to, the committee's
findings and recommendations; and
(7)
review closed domestic violence cases selected by the
Attorney General or solicitor's representative on the committee
to provide the commission with the best opportunity to fulfill
its duties under the section.
Section 16-25-340.
Upon request of the committee and as necessary to carry
out the committee's purpose and duties, the committee
immediately must be provided:
(1) by a provider of
medical care, access to information and records regarding a
person whose death is being reviewed by the department pursuant
to this article;
(2) access to all
information and records maintained by any state, county, or
local government agency including, but not limited to, birth
certificates, law enforcement investigation data, county coroner
or medical examiner investigation data, parole and probation
information and records, and information and records of social
services and health agencies that provided services to the
victim, alleged perpetrator, and other household members.
Section 16-25-350. When necessary in the discharge of the duties of the committee and upon application of the committee, the clerks of court shall issue a subpoena or subpoena duces tecum to any state, county, or local agency, board, or commission or to a representative of any state, county, or local agency, board, or commission or to a provider of medical care to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to the discharge of the department's duties. Failure to obey a subpoena or subpoena duces tecum issued pursuant to this section may be punished as contempt.
Section 16-25-360. (A)
Meetings of the committee are closed to the
public and are not subject to Chapter 4, Title 30, the Freedom
of Information Act, when the committee and department are
discussing an individual case of a domestic violence.
(B) Except as provided
in subsection (C), meetings of the committee are open to the
public and subject to the Freedom of Information Act when the
committee is not discussing an individual case of a domestic
violence.
(C) Information
identifying a victim or a household member, guardian, or
caretaker of a victim, or an alleged or suspected perpetrator of
domestic violence may not be disclosed during a public meeting,
and information regarding the involvement of any agency with the
victim, alleged perpetrator, and other household members may not
be disclosed during a public meeting.
(D) Violation of this
section is a misdemeanor and, upon conviction, a person must be
fined not more than five hundred dollars or imprisoned not more
than six months, or both.
Section 16-25-370. (A)
All information and records acquired by the
committee in the exercise of their purposes and duties pursuant
to this article are confidential, exempt from disclosure under
Chapter 4, Title 30, the Freedom of Information Act, and only
may be disclosed as necessary to carry out the committee's and
department's duties and purposes.
(B) Statistical
compilations of data which do not contain information that would
permit the identification of a person to be ascertained are
public records.
(C) Reports of the
committee which do not contain information that would permit the
identification of a person to be ascertained are public
information.
(D) Except as necessary
to carry out the committee's purposes and duties, members of the
committee and persons attending their meeting may not disclose
what transpired at a meeting which is not public under Section
16-25-360 and may not disclose information, the disclosure of
which is prohibited by this section.
(E) Members of the
committee, persons attending a committee meeting, and persons
who present information to the committee may not be required to
disclose in any civil or criminal proceeding information
presented in or opinions formed as a result of a meeting, except
that information available from other sources is not immune from
introduction into evidence through those sources solely because
it was presented during proceedings of the committee or
department or because it is maintained by the committee or
department. Nothing in this subsection prevents a person from
testifying to information obtained independently of the
committee or which is public information.
(F) Information,
documents, and records of the committee are not subject to
subpoena, discovery, or the Freedom of Information Act, except
that information, documents, and records otherwise available
from other sources are not immune from subpoena, discovery, or
the Freedom of Information Act through those sources solely
because they were presented during proceedings of the committee
or department or because they are maintained by the committee or
department.
(G) Violation of this
section is a misdemeanor and, upon conviction, a person must be
fined not more than five hundred dollars or imprisoned for not
more than six months, or both."
SECTION 18. Chapter 25, Title 16 of the 1976 Code is amended by adding:
Section 16-25-510. The circuit solicitor shall facilitate the development of community domestic violence coordinating councils in each county or judicial circuit based upon public-private sector collaboration.
Section 16-25-520. The
purpose of a community domestic violence coordinating council is
to:
(1)
increase the awareness and understanding of domestic
violence and its consequences;
(2)
reduce the incidence of domestic violence in the county or
area served; and
(3)
enhance and ensure the safety of battered individuals and
their children.
Section 16-25-530. The
duties and responsibilities of a community domestic violence
coordinating council include, but are not limited to:
(1)
promoting effective strategies of intervention for
identifying the existence of domestic violence and for
intervention by public and private agencies;
(2)
establishing interdisciplinary and interagency protocols
for intervention with survivors of domestic violence;
(3)
facilitating communication and cooperation among agencies
and organizations that are responsible for addressing domestic
violence;
(4)
monitoring, evaluating, and improving the quality and
effectiveness of domestic violence services and protections in
the community;
(5)
providing public education and prevention activities;
and
(6)
providing professional training and continuing education
activities.
Section 16-25-540. Membership on a community domestic violence coordinating council may include, but is not limited to, representatives from magistrates court, family court, law enforcement, solicitor's office, probation and parole, batterer intervention programs or services, nonprofit battered individual's program advocates, counseling services for children, legal services, victim assistance programs, the medical profession, substance abuse counseling programs, the clergy, survivors of domestic violence, local department of social services, and the education community. Members on the council shall develop memoranda of agreement among and between themselves to ensure clarity of roles and responsibilities in providing services to victims of domestic violence.
Section 16-25-550. Each community domestic violence coordinating council is responsible for generating revenue for its operation and administration."
SECTION 19. Section 59-32-30(A)(2) of the 1976 Code is amended to read:
"(2)
Beginning with the 1988-89
1988-1989 school year, for grades six through eight,
instruction in comprehensive health must include the following
subjects: community health, consumer health, environmental
health, growth and development, nutritional health, personal
health, prevention and control of diseases and disorders, safety
and accident prevention, substance use and abuse, dental health,
mental and emotional health, and reproductive health education.
Sexually transmitted diseases are to be included as a part of
instruction. At the discretion of the local board, instruction
in family life education or pregnancy prevention education or
both may be included, but instruction in these subjects may not
include an explanation of the methods of contraception before
the sixth grade. Beginning with the 2016-2017 school year,
for grades six through eight, instruction in comprehensive
health education also must include the subject of domestic
violence."
SECTION 20. Sections 22-3-546 and 43-1-260 of the 1976 Code are repealed.
SECTION 21. 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 22. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.