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H*4601 Session 117 (2007-2008)
H*4601(Rat #0329, Act #0271 of 2008) General Bill, By W.D. Smith, Cobb-Hunter,
Talley, Hagood, Scott, Viers, Mitchell, Clemmons and Whipper
AN ACT TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW THE DIRECTOR OF THE
STATE OFFICE OF VICTIM ASSISTANCE TO AUTHORIZE ADDITIONAL MENTAL HEALTH
COUNSELING FOR VICTIMS; TO AMEND SECTION 16-3-1230, AS AMENDED, RELATING TO
CRIME VICTIMS' COMPENSATION CLAIMS, SO AS TO ALLOW CLAIM SUBMISSION VIA
FACSIMILE OR OTHER ELECTRONIC MEANS; TO AMEND ARTICLE 14, CHAPTER 3 OF TITLE
16, RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO RESTRUCTURE
THE PROGRAM TO EMPOWER THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE
CERTAIN SERVICES CURRENTLY PROVIDED BY THE VICTIM COMPENSATION FUND, TO
RESTRUCTURE THE VICTIMS' SERVICES TO BE PROVIDED, AND TO CREATE THE VICTIM
SERVICES COORDINATING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP; TO AMEND SECTION
16-3-1620, RELATING TO THE CRIME VICTIMS' OMBUDSMAN OF THE OFFICE OF THE
GOVERNOR, SO AS TO CREATE THE OFFICE OF VICTIM SERVICES EDUCATION AND
CERTIFICATION WITHIN THE OFFICE OF THE CRIME VICTIMS' OMBUDSMAN AND ESTABLISH
CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR VICTIM SERVICE
PROVIDERS; AND BY ADDING SECTION 16-3-1680 SO AS TO AUTHORIZE THE CRIME
VICTIMS' OMBUDSMAN TO PROMULGATE NECESSARY REGULATIONS. - ratified title
01/30/08 House Introduced and read first time HJ-8
01/30/08 House Referred to Committee on Judiciary HJ-9
02/20/08 House Committee report: Favorable with amendment
Judiciary HJ-5
02/21/08 Scrivener's error corrected
02/26/08 House Member(s) request name added as sponsor: Mitchell
02/26/08 House Amended HJ-19
02/26/08 House Debate adjourned until Wednesday, February 27,
2008 HJ-21
02/27/08 House Member(s) request name added as sponsor: Clemmons
02/27/08 House Debate adjourned until Wednesday, March 5, 2008 HJ-25
03/05/08 House Member(s) request name added as sponsor: Whipper
03/05/08 House Amended HJ-21
03/05/08 House Debate adjourned HJ-23
03/05/08 House Amended HJ-27
03/05/08 House Read second time HJ-28
03/06/08 House Read third time and sent to Senate HJ-20
03/06/08 Scrivener's error corrected
03/11/08 Senate Introduced and read first time SJ-7
03/11/08 Senate Referred to Committee on Judiciary SJ-7
03/17/08 Senate Referred to Subcommittee: Hawkins (ch), Sheheen,
Lourie, Vaughn
05/07/08 Senate Committee report: Favorable with amendment
Judiciary SJ-12
05/13/08 Senate Committee Amendment Adopted SJ-28
05/13/08 Senate Read second time SJ-28
05/14/08 Scrivener's error corrected
05/14/08 Senate Read third time and returned to House with
amendments SJ-16
05/22/08 House Debate adjourned on Senate amendments until
Tuesday, May 27, 2008 HJ-105
05/27/08 House Concurred in Senate amendment and enrolled HJ-36
05/29/08 Ratified R 329
06/04/08 Signed By Governor
06/11/08 Copies available
06/11/08 Effective date 01/01/09
06/13/08 Act No. 271
H. 4601
(A271, R329, H4601)
AN ACT TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW THE DIRECTOR OF THE STATE OFFICE OF VICTIM ASSISTANCE TO AUTHORIZE ADDITIONAL MENTAL HEALTH COUNSELING FOR VICTIMS; TO AMEND SECTION 16-3-1230, AS AMENDED, RELATING TO CRIME VICTIMS' COMPENSATION CLAIMS, SO AS TO ALLOW CLAIM SUBMISSION VIA FACSIMILE OR OTHER ELECTRONIC MEANS; TO AMEND  ARTICLE 14, CHAPTER 3 OF TITLE 16, RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO RESTRUCTURE THE PROGRAM TO EMPOWER THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE CERTAIN SERVICES CURRENTLY PROVIDED BY THE VICTIM COMPENSATION FUND, TO RESTRUCTURE THE VICTIMS' SERVICES TO BE PROVIDED, AND TO CREATE THE VICTIM SERVICES COORDINATING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP; TO AMEND SECTION 16-3-1620, RELATING TO THE CRIME VICTIMS' OMBUDSMAN OF THE OFFICE OF THE GOVERNOR, SO AS TO CREATE THE OFFICE OF VICTIM SERVICES EDUCATION AND CERTIFICATION WITHIN THE OFFICE OF THE CRIME VICTIMS' OMBUDSMAN AND ESTABLISH CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR VICTIM SERVICE PROVIDERS; AND BY ADDING SECTION 16-3-1680 SO AS TO AUTHORIZE THE CRIME VICTIMS' OMBUDSMAN TO PROMULGATE NECESSARY REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Victims' compensation, mental health counseling
SECTION 1. Section 16-3-1180(A)(1) of the 1976 Code is amended to read:
"(1) reasonable and customary charges as periodically determined by the board for medical services, including mental health counseling, required and rendered as a direct result of the injury on which the claim is based, as long as these services are rendered by a licensed professional. Payment for mental health counseling is limited to the number of sessions during a one hundred eighty-day period beginning on the date of the first counseling session or twenty sessions, whichever is greater. Upon recommendation of the director, the board may allow victims who max out the current benefit of twenty mental health counseling sessions to request up to an additional twenty sessions for a total of forty sessions;"
Victims' compensation claims, electronic submission
SECTION 2. Section 16-3-1230(4) of the 1976 Code, as last amended by Act 380 of 2006, is further amended to read:
"(4) Claims must be filed in the office of the director by conventional mail, facsimile, in person, or through another electronic submission mechanism approved by the director. The director shall accept for filing all claims submitted by persons eligible pursuant to subsection (1) and meeting the requirements as to the form of the claim contained in the regulations of the board."
Victim Assistance Program, restructuring
SECTION 3. Article 14, Chapter 3, Title 16 of the 1976 Code is amended to read:
"Article 14
Victim Assistance Program
Section 16-3-1400. For the purpose of this article:
(1) 'victim service provider' means a person:
(a) who is employed by a local government or state agency and whose job duties involve providing victim assistance as mandated by South Carolina law; or
(b) whose job duties involve providing direct services to victims and who is employed by an organization that is incorporated in South Carolina, holds a certificate of authority in South Carolina, or is registered as a charitable organization in South Carolina, and the organization's mission is victim assistance or advocacy and the organization is privately funded or receives funds from federal, state, or local governments to provide services to victims; and
(2) 'witness' means any person who has been or is expected to be summoned to testify for the prosecution or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced.
Section 16-3-1410. (A) The Victim Compensation Fund is authorized to provide the following victim assistance services, contingent upon the availability of funds:
(1) provide information, training, and technical assistance to state and local agencies and groups involved in victim and domestic violence assistance, such as the Attorney General's Office, the solicitors' offices, law enforcement agencies, judges, hospital staff, rape crisis centers, and spouse abuse shelters;
(2) provide recommendations to the Governor and General Assembly on needed legislation and services for victims;
(3) serve as a clearinghouse of victim information;
(4) develop ongoing public awareness and programs to assist victims, such as newsletters, brochures, television and radio spots and programs, and news articles;
(5) provide staff support for a Victim Services Coordinating Council representative of all agencies and groups involved in victim and domestic violence services to improve coordination efforts, suggest policy and procedural improvements to those agencies and groups as needed, and recommend needed statutory changes to the General Assembly; and
(6) coordinate the development and implementation of policy and guidelines for the treatment of victims with appropriate agencies.
(B) The Victim Services Coordinating Council shall consist of the following twenty-two members:
(1) the director of the State Office of Victim Assistance, or his designee;
(2) the director of the South Carolina Department of Probation, Parole and Pardon Services, or his designee;
(3) the director of the South Carolina Department of Corrections, or his designee;
(4) the director of the South Carolina Department of Juvenile Justice, or his designee;
(5) the director of the South Carolina Commission on Prosecution Coordination, or his designee;
(6) the Governor's Crime Victims' Ombudsman, or his designee;
(7) the director of the South Carolina Sheriffs' Association, or his designee;
(8) the president of the South Carolina Police Chiefs Association, or his designee;
(9) the president of the South Carolina Jail Administrators' Association, or his designee;
(10) the president of the Solicitors' Advocate Forum, or his designee;
(11) the president of the Law Enforcement Victim Advocate Association, or his designee;
(12) the director of the South Carolina Coalition Against Domestic Violence and Sexual Assault, or his designee;
(13) the Attorney General, or his designee;
(14) the administrator of the Office of Justice Programs, Department of Public Safety, or his designee;
(15) four representatives appointed by the State Office of Victim Assistance for a term of two years and until their successors are appointed and qualified for each of the following categories:
(a) one representative of university or campus services;
(b) one representative of a statewide crime victim organization;
(c) one representative of a statewide child advocacy organization; and
(d) one crime victim; and
(16) four at-large seats elected upon two-thirds vote of the other eighteen members of the Victim Services Coordinating Council for a term of two years and until their successors are appointed and qualified, at least one of whom must be a crime victim and two of which must be representatives of community-based nongovernmental organizations.
The Victim Services Coordinating Council shall solicit input on issues affecting relevant stakeholders when those stakeholders are not explicitly represented. The Victim Services Coordinating Council shall meet at least four times per year.
Section 16-3-1420. The director of the State Victim Assistance Program is the director of the South Carolina State Office of Victim Assistance."
Crime Victims' Ombudsman, Office of Victim Services Education and Certification established
SECTION 4. Section 16-3-1620 of the 1976 Code is amended to read:
"Section 16-3-1620. (A) The Crime Victims' Ombudsman of the Office of the Governor is created. The Crime Victims' Ombudsman is appointed by the Governor with the advice and consent of the Senate and serves at the pleasure of the Governor.
(B) The Crime Victims' Ombudsman of the Office of the Governor shall:
(1) refer crime victims to the appropriate element of the criminal and juvenile justice systems or victim assistance programs, or both, when services are requested by crime victims or are necessary as determined by the ombudsman;
(2) act as a liaison between elements of the criminal and juvenile justice systems, victim assistance programs, and victims when the need for liaison services is recognized by the ombudsman; and
(3) review and attempt to resolve complaints against elements of the criminal and juvenile justice systems or victim assistance programs, or both, made to the ombudsman by victims of criminal activity within the state's jurisdiction.
(C) There is created within the Crime Victims' Ombudsman of the Office of the Governor, the Office of Victim Services Education and Certification which shall:
(1) provide oversight of training, education, and certification of victim assistance programs;
(2) with approval of the Victim Services Coordinating Council, promulgate training standards and requirements;
(3) approve training curricula for credit hours toward certification;
(4) provide victim service provider certification; and
(5) maintain records of certified victim service providers.
(D) Public victim assistance programs shall ensure that all victim service providers employed in their respective offices are certified through the Office of Victim Services Education and Certification within the Office of the Crime Victims' Ombudsman.
(1) Private, nonprofit programs shall ensure that all victim service providers in these nonprofit programs are certified by a Victim Services Coordinating Council approved certification program. Victim Services Coordinating Council approval must include review of the program to ensure that requirements are commensurate with the certification requirements for public victim assistance service providers.
(2) Victim service providers, serving in public or private nonprofit programs, employed on the effective date of this chapter are exempt from basic certification requirements but shall meet annual continuing education requirements to maintain certification. Victim service providers, serving in public or private nonprofit programs, employed after the effective date of this chapter are required to complete the basic certification requirements within one year from the date of employment and to meet annual continuing education requirements to maintain certification throughout their employment.
(3) The mandatory minimum certification requirements, as promulgated by the Crime Victims' Ombudsman, may not exceed fifteen hours, and the mandatory minimum requirements for continuing advocacy education, as promulgated by the Crime Victims' Ombudsman, may not exceed twelve hours.
(4) Nothing in this section shall prevent an entity from requiring or an individual from seeking additional certification credits beyond the basic required hours."
Crime Victims' Ombudsman, authority to promulgate regulations
SECTION 5. Article 16, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-1680. The Crime Victims' Ombudsman of the Office of the Governor may promulgate those regulations necessary to assist it in performing its required duties as provided by this chapter."
Savings clause
SECTION 6. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Severability clause
SECTION 7. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 8. This act takes effect on January 1, 2009.
Ratified the 29th day of May, 2008.
Approved the 4th day of June, 2008.
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