H 3146 General Bill, By Meacham, Bailey, H. Brown, Gamble, Haskins, Law, 
J.S. Shissias, R. Smith, S.S. Wofford and Young-Brickell

Similar(S 195)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
 16-25-25 and 16-25-35 so as to incorporate the elements of the common law
 crime of assault and battery of a high and aggravated nature in the new crime
 of criminal domestic violence of a high and aggravated nature and to require
 that a presentence investigation be conducted before any sentencing to
 determine the state of mind of the offender; to amend Section 16-25-30,
 relating to the penalties for criminal domestic violence, so as to create two
 new offenses and classify these and the existing offenses as degrees of
 criminal domestic violence and provide a penalty for violation, to provide
 that when a person who violates the provisions of Section 16-25-20 for a first
 offense the court may suspend execution of all or part of the sentence and
 place the offender on probation conditioned upon the participation of the
 offender in a program designed to treat battering spouses or other appropriate
 psychiatric or therapeutic treatment or counseling; to amend Section 20-4-20,
 relating to the definitions used in the "Protection from Domestic Abuse Act",
 so as to include within the definition of "family or household member"
 "persons cohabiting or formerly cohabiting"; to amend Section 16-1-10, as
 amended, relating to the crimes classified as felonies, so as to include the
 felony offenses in this Act; and to repeal Sections 16-25-40 and 16-25-60
 relating to the penalty and suspension of sentence for a third conviction of
 Section 16-25-20 (criminal domestic violence).

   01/14/93  House  Introduced and read first time HJ-17
   01/14/93  House  Referred to Committee on Judiciary HJ-18

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-25-25 AND 16-25-35 SO AS TO INCORPORATE THE ELEMENTS OF THE COMMON LAW CRIME OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE IN THE NEW CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO REQUIRE THAT A PRESENTENCE INVESTIGATION BE CONDUCTED BEFORE ANY SENTENCING TO DETERMINE THE STATE OF MIND OF THE OFFENDER; TO AMEND SECTION 16-25-30, RELATING TO THE PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO CREATE TWO NEW OFFENSES AND CLASSIFY THESE AND THE EXISTING OFFENSES AS DEGREES OF CRIMINAL DOMESTIC VIOLENCE AND PROVIDE A PENALTY FOR VIOLATION,TO PROVIDE THAT WHEN A PERSON WHO VIOLATES THE PROVISIONS OF SECTION 16-25-20 FOR A FIRST OFFENSE THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC USE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITING OR FORMERLY COHABITING"; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSES IN THIS ACT; AND TO REPEAL SECTIONS 16-25-40 AND 16-25-60 RELATING TO THE PENALTY AND SUSPENSION OF SENTENCE FOR A THIRD CONVICTION OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE).

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-25-25. 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 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 and battery of a high and aggravated nature are present.

Section 16-25-35. Before sentencing of any degree of criminal domestic violence provided under the provisions of this chapter a presentence investigation must be conducted to determine the state of mind of the offender and if the offender is a threat to the victim. This investigation must be conducted by a competent person including, but not limited to, a counselor, psychiatrist, or social worker. The information from the investigation must be provided to the court by the solicitor's office to allow the court to make its decision in the best interest of the victim."

SECTION 2. Section 16-25-30 of the 1976 Code is amended to read:

"Section 16-25-30. Any person who violates Section 16-25-20 is guilty of criminal domestic violence and upon conviction must be punished by a fine of not more than two hundred dollars or imprisonment of not more than thirty days. (A) A person who violates Section 16-25-20 is guilty of criminal domestic violence in the first degree and, upon conviction, must be punished by a fine of not more than two hundred dollars or imprisonment of not more than thirty days or the court may suspend execution of all or part of the sentence and place the offender on probation, conditioned upon:

(1) the participation of the offender, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other psychiatric or therapeutic treatment or counseling which must be paid for by the offender;

(2) fulfillment of all obligations arising under the court order pursuant to Section 20-4-60;

(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.

(B) A person who violates Section 16-25-20 after previously being convicted of Section 16-25-20 is guilty of criminal domestic violence in the second degree and must be punished, upon conviction, by a fine of not more than three thousand dollars or by imprisonment for not more than three years, or both.

(C) A person who commits the crime of criminal domestic violence of a high and aggravated nature is guilty of the felony of criminal domestic violence in the third degree and must be punished, upon conviction, by imprisonment for not more than ten years.

(D) A person who commits the crime of criminal domestic violence with intent to kill is guilty of the felony of criminal domestic violence in the first degree and, upon conviction, must be punished by imprisonment for not more than twenty years."

SECTION 3. Section 20-4-20(b) of the 1976 Code is amended to read:

"(b) `Family or household member' means spouses, former spouses, parents and children, and persons related by consanguinity or affinity within the second degree, and persons cohabiting or formerly cohabiting."

SECTION 4. The crimes provided for in Section 16-25-30(C) and (D) of the 1976 Code, as contained in Section 2 of this act, are added to the list of crimes classified as felonies in Section 16-1-10.

SECTION 5. Sections 16-25-40 and 16-25-60 of the 1976 Code are repealed.

SECTION 6. This act takes effect upon approval by the Governor.