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Bill 834

                    Current Status

Bill Number:                      834
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990519
Primary Sponsor:                  Reese
All Sponsors:                     Reese
Drafted Document Number:          l:\council\bills\ggs\22346cm99.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Force, use of in defense of one's self or 
                                  other persons provided; Crimes and Offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990519  Introduced, read first time,           11 SJ
                  referred to Committee


                             Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-65 SO AS TO PROVIDE THAT A PERSON MAY USE FORCE IN DEFENSE OF HIMSELF OR OTHER PERSONS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A DEFENDANT MAY PROVIDE CERTAIN EVIDENCE DURING CERTAIN PROSECUTIONS OF HIS BELIEF THAT FORCE WAS NECESSARY TO DEFEND HIMSELF.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-3-65. (A) Notwithstanding any other provisions of law, a person is justified in threatening or using force against another person when he reasonably believes that the threat or force is necessary to defend himself or a third person against the other person's imminent use of unlawful force. However, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he reasonably believes that it is necessary to prevent death or great bodily injury to himself or a third person.

(B) A person is not justified in using force under the circumstances specified in subsection (A) if he:

(1) initially provokes the use of force against himself with the intent to use this force as an excuse to inflict bodily harm upon the assailant;

(2) is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or

(3) was the aggressor or was engaged in combat by agreement unless he withdraws from the encounter and effectively communicates to the other person his intent to withdraw and the other person continues or threatens to continue the use of unlawful force.

(C) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided in subsection (A), the defendant, in order to establish his reasonable belief that the use of force or deadly force was necessary, may be permitted to offer:

(1) relevant evidence that the defendant had been the victim of acts of domestic violence, as defined in Section 16-25-20 or Section 16-25-65, or child abuse committed by the deceased; and

(2) relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including relevant facts and circumstances relating to the domestic violence, as defined in Section 16-25-20 or Section 16-25-65, or child abuse that are the bases of the expert's opinion."

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

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