H 3407 General Bill, By Young-Brickell, Allison, Bailey, Chellis, Cobb-Hunter, 
Gamble, Hinson, Lee, Maddox, Martin, Meacham, Miller, Moody-Lawrence, 
V.T. Mullen, Neilson, Parks, Rodgers, Seithel, Spearman and Stuart
 A BILL TO AMEND SECTION 16-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PENALTIES FOR FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE, SO
 AS TO INCREASE THE MAXIMUM FINE FROM FIVE HUNDRED DOLLARS TO TWENTY-FIVE
 HUNDRED DOLLARS, TO INCREASE THE MAXIMUM IMPRISONMENT FROM THIRTY DAYS TO SIX
 MONTHS, AND TO AUTHORIZE THE COURT TO IMPOSE A FINE, IMPRISONMENT, OR BOTH;
 AND TO AMEND SECTION 16-25-60, AS AMENDED, RELATING TO CONDITIONS FOR
 SUSPENDING THE SENTENCE FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO REQUIRE A
 FIRST OFFENDER WHOSE SENTENCE IS SUSPENDED PENDING COMPLETION OF A PROGRAM FOR
 BATTERING SPOUSES TO BE PLACED ON SIX MONTHS PROBATION IF THE OFFENDER DOES
 NOT SUCCESSFULLY COMPLETE THE PROGRAM AND TO AUTHORIZE THE COURT TO IMPOSE A
 FINE AGAINST A SECOND OR SUBSEQUENT OFFENDER IN ADDITION TO ORDERING
 COMPLETION OF A PROGRAM FOR BATTERING SPOUSES.

   02/06/97  House  Introduced and read first time HJ-1
   02/06/97  House  Referred to Committee on Judiciary HJ-2

TO AMEND SECTION 16-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE, SO AS TO INCREASE THE MAXIMUM FINE FROM FIVE HUNDRED DOLLARS TO TWENTY-FIVE HUNDRED DOLLARS, TO INCREASE THE MAXIMUM IMPRISONMENT FROM THIRTY DAYS TO SIX MONTHS, AND TO AUTHORIZE THE COURT TO IMPOSE A FINE, IMPRISONMENT, OR BOTH; AND TO AMEND SECTION 16-25-60, AS AMENDED, RELATING TO CONDITIONS FOR SUSPENDING THE SENTENCE FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO REQUIRE A FIRST OFFENDER WHOSE SENTENCE IS SUSPENDED PENDING COMPLETION OF A PROGRAM FOR BATTERING SPOUSES TO BE PLACED ON SIX MONTHS PROBATION IF THE OFFENDER DOES NOT SUCCESSFULLY COMPLETE THE PROGRAM AND TO AUTHORIZE THE COURT TO IMPOSE A FINE AGAINST A SECOND OR SUBSEQUENT OFFENDER IN ADDITION TO ORDERING COMPLETION OF A PROGRAM FOR BATTERING SPOUSES.

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

SECTION 1. 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 twenty-five hundred dollars or imprisoned not more than thirty days six months, or both."

SECTION 2. 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 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 first 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. If the offender does not successfully complete the program, treatment, or counseling, the offender must be placed on probation for six months.

(C) When a person is convicted of a second or subsequent violation of Section 16-25-40 or 16-25-65, the court may impose a fine and suspend execution of all or part of the 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;

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

(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."

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