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Current Status Bill Number:View additional legislative information at the LPITS web site.4703 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020212 Primary Sponsor:Cobb-Hunter All Sponsors:Cobb-Hunter and Stuart Drafted Document Number:l:\council\bills\nbd\11216ac02.doc Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Omnibus Domestic Violence Prevention and Protection Act History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020212 Introduced, read first time, 27 H3M referred to Committee Versions of This Bill
TO ENACT THE OMNIBUS DOMESTIC VIOLENCE PREVENTION AND PROTECTION ACT BY AMENDING TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT BY ADDING ARTICLE 21, SO AS TO REQUIRE ALL STATE AGENCIES TO DEVELOP A WORKPLACE DOMESTIC VIOLENCE POLICY; TO ADD SECTION 59-1-475 SO AS TO REQUIRE ALL SCHOOL DISTRICTS TO PROVIDE CONTINUING EDUCATION TO TEACHERS AND STAFF CONCERNING DOMESTIC AND FAMILY VIOLENCE; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE FORMULA FOR DETERMINING ANNUAL ALLOCATIONS TO EACH SCHOOL DISTRICT AND WEIGHTINGS USED TO PROVIDE FOR RELATIVE COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO INCLUDE PUPILS WHO RESIDE IN EMERGENCY SHELTERS IN WEIGHTINGS FOR THE HOMEBOUND PROGRAM; TO AMEND SECTION 59-63-31, AS AMENDED, RELATING TO AUTHORIZING STUDENTS TO ATTEND SCHOOL IN A CERTAIN SCHOOL DISTRICT WITHOUT CHARGE, SO AS TO ALLOW A CHILD WHO RESIDES IN AN EMERGENCY SHELTER TO ATTEND A SCHOOL IN THE DISTRICT WHERE THE SHELTER IS LOCATED; TO AMEND SECTIONS 16-25-30, 16-25-40, 16-25-50, AND 16-25-60, ALL AS AMENDED, ALL RELATING TO PROCEDURES AND PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO DELETE FINES AS A PENALTY FOR THESE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE, UPON THE OFFENDER SATISFACTORILY COMPLETING AN APPROVED TREATMENT PROGRAM FOR BATTERERS; TO AMEND SECTION 16-25-65, RELATING TO THE STATUTORY OFFENSE OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO CLARIFY THE ELEMENTS OF THAT OFFENSE AND TO CREATE THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE IN THE PRESENCE OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS NOT TO BE CONSIDERED FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT PERSONS CHARGED WITH CRIMINAL DOMESTIC VIOLENCE OFFENSES UNDER TITLE 16, CHAPTER 25 MAY NOT BE CONSIDERED FOR THIS PROGRAM; TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS AND THE RELEASE OF DEFENDANTS, SO AS TO REQUIRE A MAGISTRATE TO HOLD A DEFENDANT IN A CASE INVOLVING CRIMINAL DOMESTIC VIOLENCE FORTY-EIGHT HOURS AFTER ARREST, UPON GOOD CAUSE SHOWN AT THE BOND HEARING; TO ADD SECTION 16-25-95 SO AS TO MAKE IT A FELONY FOR A PERSON WHO HAS BEEN CONVICTED OF CRIMINAL DOMESTIC VIOLENCE TO POSSESS A FIREARM AND TO PROVIDE PENALTIES; TO AMEND SECTION 16-3-1750, RELATING TO OBTAINING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO WAIVE THE COURT FILING FEE WHEN A PERSON IS SEEKING SUCH A RESTRAINING ORDER; TO ADD SECTION 20-4-63 SO AS TO WAIVE THE COURT FILING FEE WHEN A PERSON IS SEEKING AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE; TO ADD SECTION 20-7-3080 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROMULGATE REGULATIONS REQUIRING CHILD DAYCARE OWNERS AND OPERATORS TO PROVIDE STAFF TRAINING ON DOMESTIC VIOLENCE; TO ADD SECTION 43-1-250 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES, OFFICE OF DOMESTIC VIOLENCE PROGRAMS AND POLICY TO DEVELOP A COMPREHENSIVE DOMESTIC VIOLENCE PUBLIC AWARENESS AND MEDIA EDUCATION CAMPAIGN; AND TO ADD SECTION 43-1-260 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO FACILITATE THE DEVELOPMENT OF COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS IN EACH COUNTY OR MULTI-COUNTY AREA BASED UPON PUBLIC-PRIVATE SECTOR COLLABORATION AND TO PROVIDE FOR THE PURPOSE, DUTIES, AND MEMBERSHIP OF THE COUNCILS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Omnibus Domestic Violence Prevention and Protection Act".
SECTION 2. Chapter 1, Title 1 of the 1976 Code is amended by adding:
Section 1-1-1410. Every state agency, based upon guidelines developed by the Office of Human Resources, State Budget and Control Board, shall develop an agency workplace domestic violence policy which must include, but is not limited to, a zero tolerance policy statement regarding acts or threats of violence in the workplace and safety and security procedures."
SECTION 3. A. The 1976 Code is amended by adding:
"Section 59-1-475. Every school district shall provide continuing education to teachers and appropriate staff concerning domestic and family violence including, but not limited to:
(1) the nature, extent, and causes of domestic and family violence;
(2) issues of domestic and family violence concerning children;
(3) prevention of the use of violence by children;
(4) sensitivity to gender bias and cultural, racial, and sexual issues;
(5) the lethality of domestic and family violence."
B. Section 59-20-40(1)(c)(9) of the 1976 Code, as last amended by Act 135 of 1993, is further amended to read:
"(9) Homebound pupils 2.10
a. pupils who are homebound
b. pupils who reside in emergency shelters"
C. Section 59-63-31(A) of the 1976 Code, as amended by Act 104 of 1999, is further amended to read:
"(A) Children within the ages prescribed in Section 59-63-20 also are entitled to attend the public schools of a school district, without charge, if:
(1) the child resides with one of the following who is a resident of the school district:
(a) a person who is not the child's parent or legal guardian to whom the child's custody has been awarded by a court of competent jurisdiction;
(b) a foster parent or in a residential community-based care facility licensed by the Department of Social Services or operated by the Department of Social Services or the Department of Juvenile Justice; or
(c) the child resides with an adult resident of the school district as a result of:
(i) the death, serious illness, or incarceration of a parent or legal guardian;
(ii) the relinquishment by a parent or legal guardian of the complete control of the child as evidenced by the failure to provide substantial financial support and parental guidance;
(iii) abuse or neglect by a parent or legal guardian;
(iv) the physical or mental condition of a parent or legal guardian is such that he or she cannot provide adequate care and supervision of the child; or
(v) a parent's or legal guardian's homelessness, as that term is defined by Public Law 100-77;
(2) the child is emancipated and resides in the school district; or
(3) the child is homeless or is a child of a homeless individual, as defined in Public Law 100-77, as amended.; or
(4) the child resides in an emergency shelter located in the district.
In addition to the above requirements of this subsection, the child shall also satisfy the requirements of Section 59-63-30(d) and (e)."
SECTION 4. A. Section 16-25-30 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"Section 16-25-30. Any A person who violates Section 16-25-20 is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the sentence 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 shall pay a reasonable fee for participation in the treatment program with the fee to be determined on a sliding scale based on the offender's income."
B. Section 16-25-40 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"Section 16-25-40. Any A person who violates Section 16-25-20 after having previously been convicted of two violations of Section 16-25-20 or two violations of Section 16-25-65 or a violation of Section 16-25-20 and a violation of Section 16-25-65 is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not less than ninety days or more than three years, or both. The court may suspend the imposition or execution of all or part of the sentence, except the mandatory ninety-day 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 shall pay a reasonable fee for participation in the treatment program with the fee to be determined on a sliding scale based on the offender's income."
C. Section 16-25-50 of the 1976 Code, as last amended by Act 312 of 1998, is further amended to read:
"Section 16-25-50. A person violating 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 or fined not more than five hundred dollars. The court may suspend the imposition or execution of all or part of the sentence 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 shall pay a reasonable fee for participation in the treatment program with the fee to be determined on a sliding scale based on the offender's income. A person found guilty of a violation of Section 16-25-20 and this section may not be sentenced under both sections for the same offense. A person found guilty of a violation of Section 16-25-65 and this section for the same offense must be sentenced under Section 16-25-65."
D. Section 16-25-60 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:
"Section 16-25-60. (A) Unless the complaint is voluntarily dismissed or the charge is dropped prior to before the scheduled trial date, a person charged with a violation provided in this chapter shall appear before a judge for disposition of the case.
(B) When a person is convicted of a violation of Section 16-25-20 or 16-25-50, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program, with the fee to be determined on a sliding scale based on the offender's income.
(C) When a person is convicted of a violation of Section 16-25-40 or 16-25-65, the court may suspend execution of all or part of the sentence, except the minimum mandatory sentence, and place the offender on probation, conditioned upon:
(1) the offender completing, to the satisfaction of the court, a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling; batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program, with the fee to be determined on a sliding scale based on the offender's income;
(2) fulfillment of all the obligations arising under court order pursuant to Section 20-4-60 and this section; and
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(D) 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. A court may require an offender to pay for participation in a program or treatment or counseling as an appropriate term or condition for suspending the imposition or execution of all or part of a sentence."
E. Section 16-25-65 of the 1976 Code, as added by Act 516 of 1994, is amended to read:
"Section 16-25-65. (A) The elements of the common law crime of assault and battery of a high and aggravated nature are incorporated in and made a part of the offense of A person who violates Section 16-25-20 is guilty of the offense of:
(1) criminal domestic violence of a high and aggravated nature when a person violates the provisions of Section 16-25-20 and the elements of assault of a high and aggravated nature or assault and battery of a high and aggravated nature are present.; or
(2) criminal domestic violence committed in the presence of a minor when the act is committed in the physical presence of a child under the age of eighteen years.
(B) A person who commits the a crime of criminal domestic violence of a high and aggravated nature enumerated in subsection (A) is guilty of a misdemeanor felony and, upon conviction, must be fined not more than three thousand dollars or imprisoned not less than ninety days or more than ten years, or both. The court may suspend the imposition or execution of all or part of the sentence, except the mandatory ninety-day minimum, 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 shall pay a reasonable fee for participation in the treatment program with the fee to be determined on a sliding scale based on the offender's income.
(C) The provisions of this section subsection (A)(1) 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."
F. Section 17-22-50 of the 1976 Code, as last amended by Act 499 of 1992, is further amended to read:
"Section 17-22-50. A person may not be considered for intervention if he has previously been accepted into an intervention program nor may intervention be considered for those individuals charged with blackmail, criminal domestic violence, as provided for in Chapter 25, Title 16, driving under the influence of intoxicating liquor or drugs, any traffic-related offense which is punishable only by fine or loss of points, or any fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1020, or any crime of violence as defined in Section 16-1-60. However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."
G. Section 22-5-510(B) of the 1976 Code, as last amended by Act 425 of 1998, is further amended to read:
"(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. However, in cases involving violations of Chapter 25, Title 16, a magistrate, upon good cause shown at the bond hearing, must deny the defendant's release until forty-eight hours after the defendant's arrest."
H. The 1976 Code is amended by adding:
"Section 16-25-95. It is unlawful for a person who has been convicted of a violation of this chapter to possess a firearm. A person who has been convicted of criminal domestic violence and is found in possession of a firearm is guilty of a felony and, upon conviction, must be fined not less than one thousand dollars or more than five thousand dollars or imprisoned for not less than one year or more than five years, or both."
SECTION 5. A. Section 16-3-1750 of the 1976 Code, as added by Act 94 of 1995, is amended by adding at the end:
"(F) A person seeking a restraining order pursuant to this section is not required to pay the filing fee provided for in Section 8-21-310(11)(a)."
B. The 1976 Code is amended by adding:
"Section 20-4-63. A person seeking an order for protection from domestic abuse pursuant to this chapter is not required to pay the filing fee provided for in Section 8-21-310(11)(a)."
SECTION 6. A. the 1976 Code is amended by adding:
"Section 20-7-3080. The Department of Social Services shall promulgate in regulations requirements for child daycare owners and operators to provide child daycare staff training on domestic violence including, but not limited:
(1) the nature, extent, and causes of domestic and family violence;
(2) issues of domestic and family violence concerning children;
(3) prevention of the use of violence by children;
(4) sensitivity to gender bias and cultural, racial, and sexual issues;
(5) the lethality of domestic and family violence."
B. The 1976 Code is amended by adding:
"Section 43-1-250. The Department of Social Services, Office of Domestic Violence Programs and Policy shall develop a comprehensive domestic violence public awareness and media education campaign based on a statewide assessment of the level of awareness and knowledge of domestic violence among the public and among professional groups including, but not limited to, law enforcement, the judiciary, the medical community, and the media."
C. The 1976 Code is amended by adding:
"Section 43-1-260. (A) The Department of Social Services shall facilitate the development of community domestic violence coordinating councils in each county or multi-county area based upon public-private sector collaboration.
(B) The purpose of a 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;
(3) enhance and ensure the safety of battered women and their children.
(C) The duties and responsibilities of a 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;
(6) providing professional training and continuing education activities.
(D) Membership on a 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 women'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, and the education community.
(E) Each coordinating council is responsible for generating revenue for its operation and administration."
SECTION 7. This act takes effect upon approval by the Governor and Section 4 applies to offenses occurring on or after that date.
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