H*3058(Rat #0320, Act #0255 of 2008)  General Bill, By W.D. Smith, Haskins, 
Young, G.R. Smith, Cobb-Hunter, Kirsh, Mahaffey, Sandifer, Brady, Bedingfield, 
Funderburk, Mitchell, M.A. Pitts, Whipper and R. Brown

Similar(S 1096)
 AN ACT TO AMEND SECTION 16-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO
 RESTRUCTURE THE PENALTY PROVISIONS, INCREASE CERTAIN PENALTIES, AND ADD THAT
 CRIMINAL DOMESTIC VIOLENCE CONVICTIONS IN OTHER STATES ARE TO BE CONSIDERED
 WHEN DETERMINING A PREVIOUS CONVICTION FOR PURPOSES OF ENHANCING THE PENALTY.
 - ratified title

   12/13/06  House  Prefiled
   12/13/06  House  Referred to Committee on Judiciary
   01/09/07  House  Introduced and read first time HJ-38
   01/09/07  House  Referred to Committee on Judiciary HJ-38
   04/02/08  House  Committee report: Favorable with amendment
                     Judiciary HJ-10
   04/03/08  House  Member(s) request name added as sponsor:
                     Bedingfield, Funderburk, Mitchell, M.A.Pitts,
                     Whipper, R.Brown
   04/03/08  House  Amended HJ-46
   04/03/08  House  Read second time HJ-48
   04/03/08  House  Unanimous consent for third reading on next
                     legislative day HJ-48
   04/04/08  House  Read third time and sent to Senate HJ-5
   04/09/08  Senate Introduced and read first time SJ-8
   04/09/08  Senate Referred to Committee on Judiciary SJ-8
   04/22/08  Senate Referred to Subcommittee: Hawkins (ch), Sheheen,
                     Lourie, Vaughn
   05/07/08  Senate Committee report: Favorable with amendment
                     Judiciary SJ-7
   05/13/08  Senate Committee Amendment Amended and Adopted SJ-9
   05/13/08  Senate Read second time SJ-9
   05/14/08         Scrivener's error corrected
   05/14/08  Senate Read third time and returned to House with
                     amendments SJ-15
   05/22/08  House  Debate adjourned on Senate amendments until
                     Tuesday, May 27, 2008 HJ-102
   05/27/08  House  Concurred in Senate amendment and enrolled HJ-31
   05/29/08         Ratified R 320
   06/04/08         Signed By Governor
   06/10/08         Copies available
   06/10/08         Effective date 06/04/08
   06/13/08         Act No. 255

(A255, R320, H3058)

AN ACT TO AMEND SECTION 16-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO RESTRUCTURE THE PENALTY PROVISIONS, INCREASE CERTAIN PENALTIES, AND ADD THAT CRIMINAL DOMESTIC VIOLENCE CONVICTIONS IN OTHER STATES ARE TO BE CONSIDERED WHEN DETERMINING A PREVIOUS CONVICTION FOR PURPOSES OF ENHANCING THE PENALTY.

Be it enacted by the General Assembly of the State of South Carolina:

Criminal Domestic Violence, penalties

SECTION    1.    Section 16-25-20 of the 1976 Code, as last amended by Act 166 of 2005, 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 the offense of criminal domestic violence and, upon conviction, must be punished as follows:

(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;

(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;

(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.

(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.

(E)    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.

(F)    When a person is convicted of a violation of Section 16-25-65 or sentenced pursuant to subsection (C), the court may suspend execution of all or part of the sentence, except for the mandatory minimum sentence, and place the offender on probation, conditioned upon:

(1)    the offender completing, to the satisfaction of the court, a program designed to treat batterers;

(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.

(G)    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)    An offender who participates in a batterer treatment program pursuant to this section, must participate in a program 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."

Savings clause

SECTION    2.    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.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 29th day of May, 2008.

Approved the 4th day of June, 2008.