Reference is to Printer's Date 5/14/15-H.
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 bodily injury which causes
a substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function
of a bodily member or organ.
(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 physical injury that involves prolonged
loss of consciousness or that causes temporary or moderate
disfigurement or temporary loss of the function of a bodily
member or organ or injury that requires medical treatment when
the treatment requires the use of regional or general anesthesia
or injury that results in a fracture or dislocation. Moderate
bodily injury does not include one-time treatment and subsequent
observation of scratches, cuts, abrasions, bruises, burns,
splinters, or any other minor injuries that do not ordinarily
require extensive medical care.
(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 16-3-600(A)(2) of the 1976 Code, as added by Act 273 of 2010, is amended to read:
"(2) 'Moderate
bodily injury' means physical injury requiring treatment
to an organ system of the body other than the skin, muscles, and
connective tissues of the body, except when there is penetration
of the skin, muscles, and connective tissues that require
surgical repair of a complex nature or when treatment of the
injuries requires the use of regional or general
anesthesia. that involves prolonged loss of
consciousness, or that causes temporary or moderate
disfigurement or temporary loss of the function of a bodily
member or organ, or injury that requires medical treatment when
the treatment requires the use of regional or general anesthesia
or injury that results in a fracture or dislocation. Moderate
bodily injury does not include one-time treatment and subsequent
observation of scratches, cuts, abrasions, bruises, burns,
splinters, or any other minor injuries that do not ordinarily
require extensive medical care."
SECTION 4. 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 act is accomplished by means
likely to result in great bodily injury to the person's own
household member;
(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 the person's own
household member results or the act is accomplished by means
likely to result in moderate bodily injury to the person's own
household member;
(2)
the person violates a protection order and in
the process of violating the order commits domestic violence in
the third degree;
(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 (B), and domestic
violence of a high and aggravated nature, as defined in Section
16-25-65.
Assault and battery in the second
degree pursuant to Section 16-3-600(D) is a lesser-included
offense of domestic violence in the second degree as defined in
this subsection.
(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 ninety days, or
both. Notwithstanding the provisions of Sections 22-3-540,
22-3-545, and 22-3-550, an offense pursuant to the provisions of
this subsection may be tried in summary court.
(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.
(3)
Assault and battery in the third degree pursuant
to Section 16-3-600(E) is a lesser-included offense of domestic
violence in the third degree as defined in this
subsection.
(4)
A person who violates this subsection is
eligible for pretrial intervention pursuant to Chapter 22, Title
17.
(F)(E)
When a person is convicted of a violation of
Section 16-25-20(B) or (C) or Section 16-25-65 or
sentenced pursuant to subsection (C), the
circuit court may suspend execution of all or part of the
sentence, except for the mandatory minimum
sentence, and place the offender on probation, or if
a person is convicted of a violation of Section 16-25-20(D), the
court may suspend execution of all or part of the sentence,
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 selected and
approved by the Department of Social Services
Circuit Solicitor with jurisdiction over the offense or the
Attorney General if the offense is prosecuted by the Attorney
General's Office. If the offender moves to a different circuit
after entering a treatment program selected by the Circuit
Solicitor, the Circuit Solicitor for the county in which the
offender resides shall have the authority to select and approve
the batterer's treatment program. 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 or be tried in the
person's absence."
SECTION 5. 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)
knowingly and intentionally 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 and thereby causing stupor
or loss of consciousness for any period of time;
(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."
SECTION 6. 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 7. 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 8. 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 9. Section 16-25-30 of the 1976 Code, as added by Act 59 of 2009, is amended to read:
"Section 16-25-30.
(A) Notwithstanding the
provisions of Section 16-23-30, it is unlawful for a person to
ship, transport, receive, or possess a firearm or ammunition, if
the person:
(1)
has been convicted of a violation of Section
16-25-20(B) or 16-25-65, or has been convicted of domestic
violence in another state, tribe, or territory containing among
its elements those elements enumerated in Section 16-25-20(B) or
Section 16-25-65;
(2)
has been convicted of a violation of Section
16-25-20(C) and the court made specific findings and concluded
that the person caused moderate bodily injury to their own
household member, or has been convicted of domestic violence in
another state, tribe, or territory containing among its elements
those elements enumerated in Section 16-25-20(C) and the court
made specific findings and concluded that the person caused
moderate bodily injury to their own household member;
(3)
has been convicted of a violation of Section
16-25-20(C) or (D) and the judge at the time of sentencing
ordered that the person is prohibited from shipping,
transporting, receiving, or possessing a firearm or ammunition,
or has been convicted of domestic violence in another state,
tribe, or territory containing among its elements those elements
enumerated in Section 16-25-20(C) or (D) and the judge at the
time of sentencing ordered that the person is prohibited from
shipping, transporting, receiving, or possessing a firearm or
ammunition;
(4)
is subject to a valid order of protection issued
by the family court pursuant to Chapter 4, Title 20, and the
family court judge at the time of the hearing made specific
findings of physical harm, bodily injury, assault, or that the
person offered or attempted to cause physical harm or injury to
a person's own household member with apparent and present
ability under the circumstances reasonably creating fear of
imminent peril and the family court judge ordered that the
person is prohibited from shipping, transporting, receiving, or
possessing a firearm or ammunition. The standard applied in this
subsection applies only to the determination of whether to
prohibit a person from possessing a firearm or ammunition and
does not apply to the issuance of the order pursuant to Chapter
4, Title 20; or
(5)
is subject to a valid order of protection
related to domestic or family violence issued by a court of
another state, tribe, or territory in compliance with the
Uniform Interstate Enforcement of Domestic Violence Protection
Orders Act, and the judge at the time of the hearing made
specific findings of physical harm, bodily injury, assault, or
that the person offered or attempted to cause physical harm or
injury to a person's own household member with apparent and
present ability under the circumstances reasonably creating fear
of imminent peril and the judge ordered that the person is
prohibited from shipping, transporting, receiving, or possessing
a firearm or ammunition. The standard applied in this subsection
applies only to the determination of whether to prohibit a
person from possessing a firearm or ammunition and does not
apply to the issuance of the order pursuant to Chapter 4, Title
20.
(B) A person
who violates subsection (A)(1) is guilty of a felony and, upon
conviction, must be fined not more than two thousand dollars or
imprisoned for not more than five years, or both. A person who
violates subsection (A)(2) or (A)(3) is guilty of a misdemeanor
and, upon conviction, must be fined not more than one thousand
dollars or imprisoned not more than three years, or both. A
person who violations subsection (A)(4) or (A)(5) is guilty of a
misdemeanor and, upon conviction, must be fined not more than
five hundred dollars or imprisoned more than thirty days, or
both.
(C) A
person must not be considered to have been convicted of domestic
violence for purposes of this section unless the person was
represented by counsel in the case, or knowingly and
intelligently waived the right to counsel in the case; and in
the case of a prosecution for an offense described in this
section for which a person was entitled to a jury trial in the
jurisdiction in which the case was tried, either the case was
tried by a jury, or the person knowingly and intelligently
waived the right to have the case tried by a jury, by guilty
plea or otherwise. A person must not be considered to have been
convicted of domestic violence for purposes of this section if
the conviction has been expunged, set aside, or is an offense
for which the person has been pardoned.
(D) At the
time a person is convicted of violating the provisions of
Section 16-25-20 or 16-25-65, or upon the issuance of an
order of protection pursuant to Chapter 4, Title 20, the
court must deliver to the person a written form that
conspicuously bears the following language: 'Pursuant to 18
U.S.C. Section 922, it is unlawful for a person convicted of a
violation of Section 16-25-20 or 16-25-65, or a person who is
subject to a valid order of protection pursuant to Chapter 4,
Title 20, to ship, transport, possess, or receive a firearm
or ammunition.'
(E) The
provisions of this section prohibiting the possession of
firearms and ammunition by persons who have been convicted of
domestic violence shall apply to a person who has been convicted
of domestic violence for:
(1)
life, if the person has been convicted of a
violation of Section 16-25-65, or has been convicted of domestic
violence in another state, tribe, or territory containing among
its elements those elements enumerated in Section
16-25-65;
(2)
ten years from the date of conviction or the
date the person is released from confinement for the conviction,
whichever is later, if the person has been convicted of a
violation of 16-25-20(B), or has been convicted of domestic
violence in another state, tribe, or territory containing among
its elements those elements enumerated in Section
16-25-20(B);
(3)
three years from the date of conviction or the
date the person is released from confinement for the conviction,
whichever is later, if the person has been convicted of a
violation of Section 16-25-20(C) or (D) and the judge at the
time of sentencing ordered that the person is prohibited from
shipping, transporting, receiving, or possessing a firearm or
ammunition, or has been convicted of domestic violence in
another state, tribe, or territory containing among its elements
those elements enumerated in Section 16-25-20(C) or (D) and the
judge at the time of sentencing ordered that the person is
prohibited from shipping, transporting, receiving, or possessing
a firearm or ammunition; or
(4)
the duration of the order of protection, if the
person is subject to a valid order of protection issued by the
family court pursuant to Chapter 4, Title 20, and the family
court judge at the time of the hearing made specific findings of
physical harm, bodily injury, assault, or that the person
offered or attempted to cause physical harm or injury to a
person's own household member with apparent and present ability
under the circumstances reasonably creating fear of imminent
peril and the family court judge ordered that the person is
prohibited from shipping, transporting, receiving, or possessing
a firearm or ammunition, or is subject to a valid order of
protection related to domestic or family violence issued by a
court of another state, tribe, or territory in compliance with
the Uniform Interstate Enforcement of Domestic Violence
Protection Orders Act and the judge at the time of the hearing
made specific findings of physical harm, bodily injury,
assault, or that the person offered or attempted to cause
physical harm or injury to a person's own household member with
apparent and present ability under the circumstances reasonably
creating fear of imminent peril and the judge ordered that the
person is prohibited from shipping, transporting, receiving, or
possessing a firearm or ammunition.
(F)(1)
Following the period of time established in subsection
(E), if the person has not been convicted of any other domestic
violence offenses pursuant to this article or similar offenses
in another jurisdiction, no domestic violence charges are
currently pending against the person, and the person is not
otherwise prohibited from shipping, transporting, receiving, or
possessing a firearm or ammunition pursuant to any other State
law, the person's right to ship, transport, receive, or possess
a firearm or ammunition shall be restored.
(2)
Following the period of time established in
subsection (E), if the person requests in writing to the South
Carolina Law Enforcement Division (SLED), SLED shall notify the
National Instant Criminal Background Check System (NICS) that
the State has restored the person's right to ship, transport,
receive, or possess a firearm or ammunition, and shall request
immediate removal of the person's name to whom the restrictions
contained in this section apply."
SECTION 10. 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."
SECTION 11. 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."
SECTION 12. 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 13. 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 14. 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,
may amend the order to impose additional or different
conditions of release."
SECTION 15. 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 16. Section 16-25-70(A) and (B), 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) A law enforcement
officer must may 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."
SECTION 17. Section 16-3-1110(8) of the 1976 Code is amended to read:
"(8) 'Victim' means a person who suffers direct or threatened physical, emotional, or financial harm as the result of an act by someone else, which is a crime. The term includes immediate family members of a homicide victim or of any other victim who is either incompetent or a minor and includes an intervenor. The term also includes a minor who is a witness to a domestic violence offense pursuant to Section 16-25-20 or Section 16-25-65."
SECTION 18. 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 19. 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
selected and approved by the Department of Social
Services Circuit Solicitor with jurisdiction over
the offense or the Attorney General if the offense is prosecuted
by the Attorney General's Office. If the offender moves to a
different circuit after entering a treatment program selected by
the Circuit Solicitor, the Circuit Solicitor for the county in
which the offender resides shall have the authority to select
and approve the batterer's treatment program."
SECTION 20. 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 21. 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 22. 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 23. Section 43-1-260 of the 1976 Code is repealed.
SECTION 24. Chapter 3, Title 16 of the 1976 Code is amended by adding:
Section 16-3-1900. For
purposes of this article:
(1) 'Complainant' means
a victim of a criminal offense that occurred in this State, a
competent adult who resides in this State on behalf of a minor
child who is a victim of a criminal offense that occurred in
this State, or a witness who assisted the prosecuting entity in
the prosecution of a criminal offense that occurred in this
State.
(2) 'Conviction' means
a conviction, adjudication of delinquency, guilty plea, nolo
contendere plea, or forfeiture of bail.
(3) 'Criminal offense'
means an offense against the person of an individual when
physical or psychological harm occurs, including both common law
and statutory offenses contained in Sections 16-3-1700,
16-3-1710, 16-3-1720, 16-3-1730, 16-25-20, 16-25-30, 16-25-65
and 23-3-430; criminal sexual conduct offenses pled down to
assault and battery of a high and aggravated nature; domestic
violence offenses pled down to assault and battery or assault
and battery of a high and aggravated nature; and the common law
offense of attempt, punishable pursuant to Section 16-1-80.
(4) 'Family' means a
spouse, child, parent, sibling, or a person who regularly
resides in the same household.
(5) 'Respondent' means
a person who was convicted of a criminal offense for which the
victim was the subject of the crime or the witness who assisted
the prosecuting entity in prosecuting the criminal offense.
(6) 'Victim' means:
(a)
a person who suffers direct or threatened physical,
psychological, or financial harm as a result of the commission
or attempted commission of a criminal offense; or
(b)
the spouse, parent, child, or lawful representative of a
victim who is deceased, a minor, incompetent, or physically or
psychologically incapacitated.
'Victim' does not include a person who is
the subject of an investigation for, charged with, or has been
convicted of the offense in question; a person, including a
spouse, parent, child, or lawful representative, who is acting
on behalf of a suspect, juvenile offender, or defendant, unless
such actions are required by law; or a person who was imprisoned
or engaged in an illegal act at the time of the offense.
(7) 'Witness' means a
person who has been or is expected to be summoned to testify for
the prosecution, or who by reason of having relevant information
is subject to being called or likely to be called as a witness
for the prosecution, whether or not any action or proceeding has
been commenced.
Section 16-3-1910. (A)
The circuit court and family court have
jurisdiction over an action seeking a permanent restraining
order.
(B) To seek a permanent
restraining order, a person must:
(1)
request the order in general sessions court or family
court, as applicable, at the time the respondent is convicted
for the criminal offense committed against the complainant;
or
(2)
file a summons and complaint in common pleas court in the
county in which:
(a)
the respondent resides when the action commences;
(b)
the criminal offense occurred; or
(c)
the complainant resides, if the respondent is a
nonresident of the State or cannot be found.
(C) The following
persons may seek a permanent restraining order:
(1)
a victim of a criminal offense that occurred in this
State;
(2)
a competent adult who resides in this State on behalf of a
minor child who is a victim of a criminal offense that occurred
in this State; or
(3)
a witness who assisted the prosecuting entity in the
prosecution of a criminal offense that occurred in this
State.
(D) A complaint
must:
(1)
state that the respondent was a person convicted of a
criminal offense for which the victim was the subject of the
crime or for which the witness assisted the prosecuting
entity;
(2)
state when and where the conviction took place, and the
name of the prosecuting entity and court;
(3)
be verified; and
(4)
inform the respondent of his right to retain counsel to
represent the respondent at the hearing on the complaint.
(E) A complainant shall
provide his address to the court and to any appropriate law
enforcement agencies. The complainant's address must be kept
under seal, omitted from all documents filed with the court, and
is not subject to Freedom of Information Act requests pursuant
to Section 30-4-10, et seq. The complainant may designate an
alternative address to receive notice of motions or pleadings
from the respondent.
(F) The circuit court
must provide forms to facilitate the preparation and filing of a
summons and complaint for a permanent restraining order by a
complainant not represented by counsel. The court must not
charge a fee for filing a summons and complaint for a permanent
restraining order.
(G) A complainant shall
serve his summons and complaint for a permanent restraining
order along with a notice of the date, time, and location of the
hearing on the complaint pursuant to Rule 4 of the South
Carolina Rules of Civil Procedure. The summons must require the
respondent to answer or otherwise plead within thirty days of
the date of service.
(H) The court may enter
a permanent restraining order by default if the respondent was
served in accordance with the provisions of this section and
fails to answer as directed, or fails to appear on a subsequent
appearance or hearing date agreed to by the parties or set by
the court.
(I) The hearing on a
permanent restraining order may be done electronically via
closed circuit television or through other electronic means when
possible. If the respondent is confined in a Department of
Corrections facility, the complainant may come to the Department
of Probation, Parole and Pardon Services in Richland County to
have the hearing held electronically via closed circuit
television or through other electronic means.
(J) Upon a finding that
the respondent was convicted of a criminal offense for which the
victim was the subject of the crime or for which the witness
assisted the prosecuting entity, as applicable, the court may
issue a permanent restraining order. In determining whether to
issue a permanent restraining order, physical injury to the
victim or witness is not required.
(K) The terms of a
permanent restraining order must protect the victim or witness
and may include enjoining the respondent from:
(1)
abusing, threatening to abuse, or molesting the victim,
witness, or members of the victim's or witness' family;
(2)
entering or attempting to enter the victim's or witness'
place of residence, employment, education, or other location;
and
(3)
communicating or attempting to communicate with the
victim, witness, or members of the victim's or witness' family
in a way that would violate the provisions of this section.
(L) A permanent
restraining order must conspicuously bear the following
language: 'Violation of this order is a felony criminal offense
punishable by up to five years in prison.'
(M)(1) A permanent
restraining order remains in effect for a period of time to be
determined by the judge. If a victim or witness is a minor at
the time a permanent restraining order is issued on the minor's
behalf, the victim or witness, upon reaching the age of
eighteen, may file a motion with the circuit court to have the
permanent restraining order removed.
(2)
The court may modify the terms of a permanent restraining
order upon request of the complainant, including extending the
duration of the order or lifting the order.
(N) Notwithstanding
another provision of law, a permanent restraining order is
enforceable throughout this State.
(O) Law enforcement
officers shall arrest a respondent who is acting in violation of
a permanent restraining order after service and notice of the
order is provided. A respondent who is in violation of a
permanent restraining order is guilty of a felony, if the
underlying conviction that was the basis for the permanent
restraining order was a felony and, upon conviction, must be
imprisoned not more than five years. If the underlying
conviction that was the basis for the permanent restraining
order was a misdemeanor, a respondent who is in violation of a
permanent restraining order is guilty of a misdemeanor and, upon
conviction, must be fined not more than two thousand dollars or
imprisoned not more than three years, or both.
(P) Permanent
restraining orders are protection orders for purposes of Section
20-4-320, the Uniform Interstate Enforcement of Domestic
Violence Protection Orders Act, as long as all other criteria of
Article 3, Chapter 4, Title 20, are met. However, permanent
restraining orders are not orders of protection for purposes of
Section 16-25-30.
(Q) The remedies
provided by this section are not exclusive, but are additional
to other remedies provided by law.
Section 16-3-1920. (A)
The magistrates court has jurisdiction over
an action seeking an emergency restraining order.
(B) An action for an
emergency restraining order must be filed in the county in
which:
(1)
the respondent resides when the action commences;
(2)
the criminal offense occurred; or
(3)
the complainant resides, if the respondent is a
nonresident of the State or cannot be found.
(C) A summons and
complaint for an emergency restraining order may be filed
by:
(1)
a victim of a criminal offense that occurred in this
State;
(2)
a competent adult who resides in this State on behalf of a
minor child who is a victim of a criminal offense that occurred
in this State; or
(3)
a witness who assisted the prosecuting entity in the
prosecution of a criminal offense that occurred in this
State.
(D) The complaint
must:
(1)
state that the respondent was convicted of a criminal
offense for which the victim was the subject of the crime or for
which the witness assisted the prosecuting entity;
(2)
state when and where the conviction took place, and the
name of the prosecuting entity and court;
(3)
be verified; and
(4)
inform the respondent of his right to retain counsel to
represent the respondent at the hearing on the complaint.
(E) A complainant shall
provide his address to the court and to any appropriate law
enforcement agencies. The complainant's address must be kept
under seal, omitted from all documents filed with the court, and
is not subject to Freedom of Information Act requests pursuant
to Section 30-4-10, et seq. The complainant may designate an
alternative address to receive notice of motions or pleadings
from the respondent.
(F) The court must
provide forms to facilitate the preparation and filing of a
summons and complaint for an emergency restraining order by a
complainant not represented by counsel. The court must not
charge a fee for filing a summons and complaint for an emergency
restraining order.
(G)(1) Except as
provided in subsection (H), the court shall hold a hearing on an
emergency restraining order within fifteen days of the filing of
a summons and complaint, but not sooner than five days after
service has been perfected upon the respondent.
(2)
The court shall serve a copy of the summons and complaint
upon the respondent at least five days before the hearing in the
same manner required for service as provided in the South
Carolina Rules of Civil Procedure.
(3)
The hearing may be done electronically via closed circuit
television or through other electronic means when possible. If
the respondent is confined in a Department of Corrections
facility, the complainant may come to the Department of
Probation, Parole and Pardon Services in Richland County to have
the hearing held electronically via closed circuit television or
through other electronic means.
(4)
The court may issue an emergency restraining order upon a
finding that:
(a)
the respondent was convicted of a criminal offense for
which the victim was the subject of the crime or for which the
witness assisted the prosecuting entity, as applicable; and
(b)
a restraining order has expired, is set to expire, or is
not available and the common pleas court is not in session for
the complainant to obtain a permanent restraining order.
In determining whether to issue an
emergency restraining order, physical injury to the victim or
witness is not required.
(H)(1) Within
twenty-four hours after the filing of a summons and complaint
seeking an emergency restraining order, the court may hold an
emergency hearing and issue an emergency restraining order
without giving the respondent notice of the motion for the order
if:
(a)
the respondent was convicted of a criminal offense for
which the victim was the subject of the crime or for which the
witness assisted the prosecuting entity, as applicable;
(b)
a restraining order has expired, is set to expire, or is
not available and the common pleas court is not in session for
the complainant to obtain a permanent restraining order;
(c)
it clearly appears from specific facts shown by a verified
complaint or affidavit that immediate injury, loss, or damage
will result to the victim or witness before the respondent can
be heard; and
(d)
the complainant certifies to the court that one of the
following has occurred:
(i)
efforts have been made to serve the notice; or
(ii)
there is good cause to grant the remedy because the harm
that the remedy is intended to prevent would likely occur if the
respondent were given prior notice of the complainant's efforts
to obtain judicial relief.
In determining whether to issue an
emergency restraining order, physical injury to the victim or
witness is not required.
(2)
An emergency restraining order granted without notice must
be endorsed with the date and hour of issuance and entered on
the record with the magistrates court. The order must be served
upon the respondent together with a copy of the summons,
complaint, and a Rule to Show Cause why the order should not be
extended until the hearing for a permanent restraining
order.
(I) The terms of an
emergency restraining order must protect the victim or witness
and may include temporarily enjoining the respondent from:
(1)
abusing, threatening to abuse, or molesting the victim,
witness, or members of the victim's or witness' family;
(2)
entering or attempting to enter the victim's or witness'
place of residence, employment, education, or other location;
and
(3)
communicating or attempting to communicate with the
victim, witness, or members of the victim's or witness' family
in a way that would violate the provisions of this section.
(J) An emergency
restraining order conspicuously must bear the following
language: 'Violation of this order is a felony criminal offense
punishable by up to five years in prison.'
(K) The court shall
serve the respondent with a certified copy of the emergency
restraining order and provide a copy to the complainant and to
the local law enforcement agencies having jurisdiction over the
area where the victim or witness resides. Service must be made
without charge to the complainant.
(L)(1) An emergency
restraining order remains in effect until a hearing on a
restraining order. However, if a complainant does not seek a
permanent restraining order pursuant to Section 16-3-1910 within
forty-five days of the issuance of an emergency restraining
order, the emergency restraining order no longer remains in
effect.
(2)
The court may modify the terms of an emergency restraining
order.
(M) Notwithstanding
another provision of law, an emergency restraining order is
enforceable throughout this State.
(N) Law enforcement
officers shall arrest a respondent who is acting in violation of
an emergency restraining order after service and notice of the
order is provided. An arrest warrant is not required. A
respondent who is in violation of a emergency restraining order
is guilty of a felony, if the underlying conviction that was the
basis for the emergency restraining order was a felony and, upon
conviction, must be imprisoned not more than five years. If the
underlying conviction that was the basis for the emergency
restraining order was a misdemeanor, a respondent who is in
violation of a emergency restraining order is guilty of a
misdemeanor and, upon conviction, must be fined not more than
two thousand dollars or imprisoned not more than three years, or
both.
(O) Emergency
restraining orders are protection orders for purposes of Section
20-4-320, the Uniform Interstate Enforcement of Domestic
Violence Protection Orders Act, as long as all other criteria of
Article 3, Chapter 4, Title 20 are met. However, permanent
restraining orders are not orders of protection for purposes of
Section 16-25-30.
(P) The remedies
provided by this section are not exclusive but are additional to
other remedies provided by law."
SECTION 25. Section 22-5-910 of the 1976 Code, as last amended by Act 276 of 2014, is further amended to read:
"Section 22-5-910.
(A) Following a first offense
conviction for a crime carrying a penalty of not more than
thirty days imprisonment or a fine of one thousand dollars, or
both, the defendant after three years from the date of the
conviction, including a conviction in magistrates or general
sessions court, may apply, or cause someone acting on his behalf
to apply, to the circuit court for an order expunging the
records of the arrest and conviction and any associated bench
warrant. However, this section
subsection does not apply to:
(1)
an offense involving the operation of a motor vehicle;
or
(2)
a violation of Title 50 or the regulations promulgated
pursuant to Title 50 for which points are assessed, suspension
provided for, or enhanced penalties for subsequent offenses are
authorized; or
(3) an
offense contained in Chapter 25, Title 16, except first offense
criminal domestic violence as contained in Section 16-25-20,
which may be expunged five years from the date of the
conviction.
(B) Following a
first offense conviction for domestic violence in the third
degree pursuant to Section 16-25-20(D), the defendant after five
years from the date of the conviction, including a conviction in
magistrates or general sessions court, may apply, or cause
someone acting on his behalf to apply, to the circuit court for
an order expunging the records of the arrest and conviction and
any associated bench warrant.
(C) If the
defendant has had no other conviction during the three-year
period as provided in subsection (A), or during the
five-year period as provided in subsection
(A)(3)(B), following the first
offense conviction for a crime carrying a penalty of not more
than thirty days imprisonment or a fine of not more than one
thousand dollars, or both, including a conviction in magistrates
or general sessions court, the circuit court may issue
an order expunging the records including any associated bench
warrant. No person may have his records expunged under this
section more than once. A person may have his record expunged
even though the conviction occurred prior to June 1, 1992.
(C)(D)
After the expungement, the South Carolina Law
Enforcement Division is required to keep a nonpublic record of
the offense and the date of the expungement to ensure that no
person takes advantage of the rights of this section more than
once. This nonpublic record is not subject to release pursuant
to Section 34-11-95, the Freedom of Information Act, or any
other provision of law except to those authorized law or court
officials who need to know this information in order to prevent
the rights afforded by this section from being taken advantage
of more than once.
(D)(E)
As used in this section, 'conviction' includes a
guilty plea, a plea of nolo contendere, or the forfeiting of
bail."
SECTION 26. Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-75.
(A) Each municipal and county law
enforcement agency shall create an Office of Domestic Violence
Risk Assessment. At least one domestic violence risk assessor
who must be licensed pursuant to Chapters 55, 63, or 75,
respectively, of Title 40 relating to licensed social workers,
licensed counselors, and licensed psychologists must be employed
by the office.
(B) A domestic violence
risk assessor must assess and make recommendations to the
arresting law enforcement officer on whether or not any charges
should be made or sustained. Recommendations made by the
domestic violence risk assessor must be provided in the incident
report. Any communications between the domestic violence risk
assessor and the victim and the person alleged to have committed
a domestic violence offense is privileged and may not be used as
evidence in a court of law.
(C) When a person is
arrested for a domestic violence offense before a bond hearing
may be held, a risk assessment must be performed by a domestic
violence risk assessor to determine a person's probability of
recidivism and level of threat to the victim or the victim's
family. When determining bond, the court must take into
consideration the risk assessor's report.
(D) The Law Enforcement
Training Council, in consultation with a member of the South
Carolina Association of Criminal Defense Attorneys appointed by
the president of the association, shall recommend guidelines,
policies, and procedures related to the implementation of the
provisions of this section including, but not limited to,
specifying the duties of domestic violence risk assessors which
must ensure they are trained in and include in their
recommendations, as necessary, anger management, alcohol and
drug abuse counseling, and domestic violence intervention
program participation."
SECTION 27. A. Section 14-1-206 (A) and (C), as last amended by Act 353 of 2008, is further amended to read:
"(A) A person who
is convicted of, pleads guilty or nolo contendere to, or
forfeits bond for an offense occurring after June 30, 2008,
tried in general sessions court must pay an amount equal to
107.5 117.5 percent of the fine imposed
as an assessment. This assessment must be paid to the clerk of
court in the county in which the criminal judgment is rendered
for remittance to the State Treasurer by the county treasurer.
The assessment is based upon that portion of the fine that is
not suspended and assessments must not be waived, reduced, or
suspended.
(C) After deducting
amounts provided pursuant to Section 14-1-210, the State
Treasurer shall deposit the balance of assessments received as
follows:
(1)
42.08 percent for programs established pursuant to Chapter
21 of Title 24 and the Shock Incarceration Program as provided
in Article 13, Chapter 13 of Title 24;
(2)
14.74 percent to the Law Enforcement Training Council for
training in the fields of law enforcement and criminal
justice;
(3)
.45 percent to the Department of Public Safety to defray
the cost of erecting and maintaining the South Carolina Law
Enforcement Officers Hall of Fame. When funds collected pursuant
to this item exceed the necessary costs and expenses of the
South Carolina Law Enforcement Officers Hall of Fame operation
and maintenance as determined by the Department of Public
Safety, the department may retain, carry forward, and expend the
surplus to defray the costs of maintaining and operating the
Hall of Fame;
(4)
14.46 percent to the Office of Indigent Defense for the
defense of indigents;
(5)
11.83 percent for the State Office of Victim
Assistance;
(6)
15.39 percent to the general fund;
(7)
.89 percent to the Office of the Attorney General for a
fund to provide support for counties involved in complex
criminal litigation. For the purposes of this item,
"complex criminal litigation" means criminal cases in
which the State is seeking the death penalty and has served
notice as required by law upon the defendant's counsel, and the
county involved has expended more than two hundred fifty
thousand dollars for a particular case in direct support of
operating the court of general sessions and for prosecution
related expenses. The Attorney General shall develop guidelines
for determining what expenses are reimbursable from the fund and
shall approve all disbursements from the fund. Funds must be
paid to a county for all expenditures authorized for
reimbursement under this item except for the first one hundred
thousand dollars the county expended in satisfying the
requirements for reimbursement from the fund; however, money
disbursed from this fund must be disbursed on a "first
received, first paid" basis. When revenue in the fund
reaches five hundred thousand dollars, all revenue in excess of
five hundred thousand dollars must be credited to the general
fund of the State. Unexpended revenue in the fund at the end of
the fiscal year carries over and may be expended in the next
fiscal year; and
(8)
.16 percent to the Office of the State Treasurer to defray
the administrative expenses associated with collecting and
distributing the revenue of these assessments; and
(9)
10 percent to each municipal and county law
enforcement agency required to employ a domestic violence risk
assessor by the provisions of Section 16-25-75 to be distributed
on a per capita basis for the purpose of off-setting the costs
of the domestic violence risk assessors' offices."
B. Section 14-1-207(A) and (C), as last amended by Act 353 of 2008, is further amended to read:
"(A) A person who
is convicted of, pleads guilty or nolo contendere to, or
forfeits bond for an offense occurring after June 30, 2008,
tried in magistrates court must pay an amount equal to
107.5 117.5 percent of the fine imposed
as an assessment. This assessment must be paid to the magistrate
and deposited as required by Section 22-1-70 in the county in
which the criminal judgment is rendered for remittance to the
State Treasurer by the county treasurer. The assessment is based
upon that portion of the fine that is not suspended and
assessments must not be waived, reduced, or suspended. The
assessment may not be imposed on convictions for violations of
Sections 56-3-1970, 56-5-2510, and 56-5-2530, or another state
law, municipal ordinance, or county ordinance restricting
parking in a prohibited zone or in a parking place clearly
designated for handicapped persons.
(C) After deducting
amounts provided pursuant to Section 14-1-210, the State
Treasurer shall deposit the balance of the assessments received
as follows:
(1)
32.36 percent for programs established pursuant to Chapter
21 of Title 24 and the Shock Incarceration Program as provided
in Article 13, Chapter 13 of Title 24;
(2)
20.72 percent to the Law Enforcement Training Council for
training in the fields of law enforcement and criminal
justice;
(3)
.60 percent to the Department of Public Safety to defray
the cost of erecting and maintaining the South Carolina Law
Enforcement Officers Hall of Fame. When funds collected pursuant
to this item exceed the necessary costs and expenses of the
South Carolina Law Enforcement Officers Hall of Fame operation
and maintenance as determined by the Department of Public
Safety, the department may retain, carry forward, and expend the
surplus to defray the costs of maintaining and operating the
Hall of Fame;
(4)
18.82 percent for the State Office of Victim
Assistance;
(5)
15.93 percent to the general fund;
(6)
10.49 percent to the Office of Indigent Defense for the
defense of indigents;
(7)
.92 percent to the Office of the Attorney General for a
fund to provide support for counties involved in complex
criminal litigation. For the purposes of this item,
"complex criminal litigation" means criminal cases in
which the State is seeking the death penalty and has served
notice as required by law upon the defendant's counsel and the
county involved has expended more than two hundred fifty
thousand dollars for a particular case in direct support of
operating the court of general sessions and for prosecution
related expenses. The Attorney General shall develop guidelines
for determining what expenses are reimbursable from the fund and
shall approve all disbursements from the fund. Funds must be
paid to a county for all expenditures authorized for
reimbursement under this item except for the first one hundred
thousand dollars the county expended in satisfying the
requirements for reimbursement from the fund; however, money
disbursed from this fund must be disbursed on a "first
received, first paid" basis. When revenue in the fund
reaches five hundred thousand dollars, all revenue in excess of
five hundred thousand dollars must be credited to the general
fund of the State. Unexpended revenue in the fund at the end of
the fiscal year carries over and may be expended in the next
fiscal year; and
(8)
.16 percent to the Office of the State Treasurer to defray
the administrative expenses associated with collecting and
distributing the revenue of these assessments; and
(9)
10 percent to each municipal and county law
enforcement agency required to employ a domestic violence risk
assessor by the provisions of Section 16-25-75 to be distributed
on a per capita basis for the purpose of off-setting the costs
of the domestic violence risk assessors' offices."
C. Section 14-1-208(A) and (C), as last amended by Act 353 of 2008, is further amended to read:
"(A) A person who
is convicted of, or pleads guilty or nolo contendere to, or
forfeits bond for an offense occurring after June 30, 2008,
tried in municipal court must pay an amount equal to
107.5 117.5 percent of the fine imposed
as an assessment. This assessment must be paid to the municipal
clerk of court and deposited with the city treasurer for
remittance to the State Treasurer. The assessment is based upon
that portion of the fine that is not suspended, and assessments
must not be waived, reduced, or suspended. The assessment may
not be imposed on convictions for violations of Sections
56-3-1970, 56-5-2510, and 56-5-2530, or another state law,
municipal ordinance, or county ordinance restricting parking in
a prohibited zone or in a parking place clearly designated for
handicapped persons.
(C) After deducting
amounts provided pursuant to Section 14-1-210, the State
Treasurer shall deposit the balance of the assessments received
as follows:
(1)
14.04 percent for programs established pursuant to Chapter
21 of Title 24 and the Shock Incarceration Program as provided
in Article 13, Chapter 13 of Title 24;
(2)
13.89 percent to the Law Enforcement Training Council for
training in the fields of law enforcement and criminal
justice;
(3)
.36 percent to the Department of Public Safety to defray
the cost of erecting and maintaining the South Carolina Law
Enforcement Officers Hall of Fame. When funds collected pursuant
to this item exceed the necessary costs and expenses of the
South Carolina Law Enforcement Officers Hall of Fame operation
and maintenance as determined by the Department of Public
Safety, the department may retain, carry forward, and expend the
surplus for the purpose of defraying the costs of maintaining
and operating the Hall of Fame;
(4)
10.38 percent for the State Office of Victim
Assistance;
(5)
11.53 percent to the general fund;
(6)
10.56 percent to the Office of Indigent Defense for the
defense of indigents;
(7)
.89 percent to the Department of Mental Health to be used
exclusively for the treatment and rehabilitation of drug addicts
within the department's addiction center facilities;
(8)
.54 percent to the Office of the Attorney General for a
fund to provide support for counties involved in complex
criminal litigation. For the purposes of this item,
"complex criminal litigation" means criminal cases in
which the State is seeking the death penalty and has served
notice as required by law upon the defendant's counsel and the
county involved has expended more than one hundred thousand
dollars for a particular case in direct support of operating the
court of general sessions and for prosecution-related expenses.
The Attorney General shall develop guidelines for determining
what expenses are reimbursable from the fund and shall approve
all disbursements from the fund. Funds must be paid to a county
for all expenditures authorized for reimbursement under this
item except for the first one hundred thousand dollars the
county expended in satisfying the requirements for reimbursement
from the fund; however, money disbursed from this fund must be
disbursed on a 'first received, first paid' basis. When revenue
in the fund reaches five hundred thousand dollars, all revenue
in excess of five hundred thousand dollars must be credited to
the general fund of the State. Unexpended revenue in the fund at
the end of the fiscal year carries over and may be expended in
the next fiscal year;
(9)(a)
9.16 percent to the Department of Public Safety for the
programs established pursuant to Section 56-5-2953(E); and
(b)
1.31 percent to SLED for the programs established pursuant
to Section 56-5-2953(E);
(10)
13.61 percent to the Governor's Task Force on Litter and
in the expenditure of these funds, the provisions of Chapter 35
of Title 11 do not apply;
(11)
13.61 percent to the Department of Juvenile Justice. The
Department of Juvenile Justice must apply the funds generated by
this item to offset the nonstate share of allowable costs of
operating juvenile detention centers so that per diem costs
charged to local governments utilizing the juvenile detention
centers do not exceed twenty-five dollars a day. Notwithstanding
this provision of law, the director of the department may waive,
reduce, defer, or reimburse the charges paid by local
governments for juvenile detention placements. The department
may apply the remainder of the funds generated by this item, if
any, to operational or capital expenses associated with regional
evaluation centers; and
(12)
.12 percent to the Office of the State Treasurer to defray
the administrative expenses associated with the collecting and
distributing the revenue of these assessments; and
(13)
10 percent to each municipal and county law
enforcement agency required to employ a domestic violence risk
assessor by the provisions of Section 16-25-75 to be distributed
on a per capita basis for the purpose of off-setting the costs
of the domestic violence risk assessors' offices."
SECTION 28. 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 29. 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 30. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.