South Carolina General Assembly
109th Session, 1991-1992

Bill 955

Indicates Matter Stricken
Indicates New Matter 

                    Current Status

Introducing Body:               Senate
Bill Number:                    955
Primary Sponsor:                Mitchell
Committee Number:               11
Type of Legislation:            GB
Subject:                        Battered spouse syndrome
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       DKA/3310.AL
Introduced Date:                May 01, 1991
Last History Body:              Senate
Last History Date:              May 01, 1991
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Mitchell
Type of Legislation:            General Bill
History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 955   Senate  May 01, 1991  Introduced, read first time,    11
                             referred to Committee
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-170 SO AS TO PROVIDE FOR EVIDENCE OF BATTERED SPOUSE SYNDROME TO DEMONSTRATE THE DEFENDANT ACTED IN SELF-DEFENSE OR IN DEFENSE OF ANOTHER.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 17-23-170. (A) Evidence that the actor was suffering from the battered spouse syndrome is admissible on the issue of whether the actor lawfully acted in self-defense or defense of another.

(B) If the defendant proposes to offer evidence of the battered spouse syndrome, he shall file written notice with the court before trial. The court, upon motion, shall appoint one or more private psychologists or psychiatrists who are neither employees nor contractors of the Department of Mental Health to examine the defendant. The examination ordered must be at a time and place and under conditions as the court determines proper. The order may include provisions for the interview of witnesses and may set the terms and conditions for any compensation.

(C) Statements made by the defendant in the course of the examination and information received by the physician or person appointed are not admissible in evidence against the accused on the issue of whether he committed the act charged against him in any criminal proceeding in any federal or state court."

SECTION 2. This act takes effect upon approval by the Governor.

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