H*4056(Rat #0505, Act #0433)  General Bill, By T.F. Rogers, Bailey, J.J. Bailey, 
R.A. Barber, J.M. Baxley, H. Brown, R.C. Fulmer, H.M. Hallman, Harvin, 
J.G. McAbee, Meacham, I.K. Rudnick, Simrill, J.J. Snow, C.Y. Waites, 
D.C. Waldrop, C.C. Wells and S.S. Wofford
 A Bill to amend Chapter 3, Title 16, Code of Laws of South Carolina, 1976, by
 adding Article 16 so as to create the Crime Victims' Ombudsman of the Office
 of the Governor and provide for the Ombudsman's powers and duties, to transfer
 the sum of one hundred twenty-five thousand dollars and three full-time
 equivalent positions from the Division of Victims' Assistance to the Crime
 Victims' Ombudsman's Office and provide for these transfers in the current and
 succeeding fiscal years, and to create an Advisory Committee on Family
 Violence to the Joint Legislative Committee on Children and Families and to
 provide for its membership, powers, and duties, including its termination July
 1, 1997, when extending by the General Assembly by Joint Resolution.-amended
 title

   04/14/93  House  Introduced and read first time HJ-49
   04/14/93  House  Referred to Committee on Judiciary HJ-49
   02/09/94  House  Committee report: Favorable with amendment
                     Judiciary HJ-18
   02/22/94  House  Amended HJ-29
   02/22/94  House  Read second time HJ-31
   02/23/94  House  Read third time and sent to Senate HJ-23
   02/24/94  Senate Introduced and read first time SJ-6
   02/24/94  Senate Referred to Committee on Judiciary SJ-6
   03/30/94  Senate Committee report: Favorable with amendment
                     Judiciary SJ-23
   03/31/94  Senate Amended SJ-326
   03/31/94  Senate Read second time SJ-327
   04/05/94  Senate Read third time and returned to House with
                     amendments SJ-11
   05/10/94  House  Debate adjourned on amendments HJ-92
   05/11/94  House  Senate amendment amended HJ-88
   05/11/94  House  Returned to Senate with amendments HJ-89
   05/18/94  Senate Concurred in House amendment and enrolled SJ-36
   05/24/94         Ratified R 505
   05/30/94         Vetoed by Governor
   05/31/94  House  Debate adjourned until Wednesday, June 1,1994 HJ-3
   06/01/94  House  Debate adjourned until Thursday, June 2, 1994 HJ-104
   06/02/94  House  Veto overridden Yeas-72  Nays-24 HJ-33
   06/02/94  Senate Veto overridden Yeas-046 SJ-32
   06/02/94         Effective date 06/02/94
   06/23/94         Copies available

AN ACT TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIMS' OMBUDSMAN OF THE OFFICE OF THE GOVERNOR AND PROVIDE FOR THE OMBUDSMAN'S POWERS AND DUTIES, TO TRANSFER THE SUM OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND THREE FULL-TIME EQUIVALENT POSITIONS FROM THE DIVISION OF VICTIMS' ASSISTANCE TO THE CRIME VICTIMS' OMBUDSMAN'S OFFICE AND PROVIDE FOR THESE TRANSFERS IN THE CURRENT AND SUCCEEDING FISCAL YEARS, AND TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, INCLUDING ITS TERMINATION JULY 1, 1997, UNLESS EXTENDED BY THE GENERAL ASSEMBLY BY JOINT RESOLUTION.

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

Crime victims' ombudsman created

SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Article 16

Section 16-3-1610. As used in this article:

(1) `Criminal and juvenile justice system' means circuit solicitors and members of their staffs; the Attorney General and his staff; law enforcement agencies and officers; adult and juvenile probation, parole, and correctional agencies and officers; officials responsible for victims' compensation and other services which benefit victims of crime, and state, county, and municipal victim advocacy and victim assistance personnel.

(2) `Victim assistance program' means an entity, whether governmental, corporate, nonprofit, partnership, or individual, which provides, is required by law to provide, or claims to provide services or assistance, or both to victims on an ongoing basis.

(3) `Victim' means a person who suffers direct or threatened physical, emotional, or financial harm as the result of an act by someone else, which is a crime. The term includes immediate family members of a homicide victim or of any other victim who is either incompetent or a minor and includes an intervenor.

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.

Section 16-3-1630. Upon receipt of a written complaint that contains specific allegations and is signed by a victim of criminal activity within the state's jurisdiction, the ombudsman shall forward copies of the complaint to the person, program, and agency against whom it makes allegations, and conduct an inquiry into the allegations stated in the complaint.

In carrying out the inquiry, the ombudsman is authorized to request and receive information and documents from the complainant, elements of the criminal and juvenile justice systems, and victim assistance programs that are pertinent to the inquiry. Following each inquiry, the ombudsman shall issue a report verbally or in writing to the complainant and the persons or agencies that are the object of the complaint and recommendations that in the ombudsman's opinion will assist all parties. The persons or agencies that are the subject of the complaint shall respond, within a reasonable time, to the ombudsman regarding actions taken, if any, as a result of the ombudsman's report and recommendations.

The ombudsman shall prepare a public annual report, not identifying individual agencies or individuals, summarizing his activity. The annual report must be submitted directly to the Governor, General Assembly, elements of the criminal and juvenile justice systems, and victim assistance programs.

Section 16-3-1640. Information and files requested and received by the ombudsman are confidential and retain their confidential status at all times. Juvenile records obtained under this section may be released only in accordance with provisions of the Children's Code.

Section 16-3-1650. All elements of the criminal and juvenile justice systems and victim assistance programs shall cooperate with the ombudsman in carrying out the duties described in Sections 16-3-1620 and 16-3-1630.

Section 16-3-1660. A victim's exercise of rights granted by this article is not grounds for dismissing a criminal proceeding or setting aside a conviction or sentence.

Section 16-3-1670. This article does not create a cause of action on behalf of a person against an element of the criminal and juvenile justice systems, victim assistance programs, the State, or any agency or person responsible for the enforcement of rights and provision of services set forth in this chapter."

Funds, positions transferred

SECTION 2. Upon the effective date of this act, there is transferred from the Division of Victim's Assistance of the Office of the Governor $125,000 and three full-time equivalent positions to the Crime Victims' Ombudsman of the Office of the Governor. The transfer shall apply for the current and succeeding fiscal years.

Advisory committee on family violence

SECTION 3. (A) There is created an advisory committee on family violence to the Joint Legislative Committee on Children and Families. The seven member advisory committee is comprised of the following members who must be appointed by the chairman of the Joint Legislative Committee on Children and Families:

(1) one representative from the South Carolina Coalition Against Domestic Violence and Sexual Assault;

(2) a family court judge;

(3) a magistrate;

(4) a representative from law enforcement;

(5) a representative from the University of South Carolina's Center on Family and Society;

(6) a representative from the field of public health; and

(7) a representative from a batterer's program.

(B) Organizations specified as members of the advisory committee may submit a list of nominees from their respective organizations from which the chairman may select an appointee.

(C) At its first meeting, the advisory committee shall elect a chairman from among its members.

(D) Vacancies occurring on the advisory committee must be filled in the same manner as the original appointment.

Duties

SECTION 4. The advisory committee shall:

(1) examine and study the problem of family violence in this State;

(2) develop a long-term plan for comprehensive intervention services in this State by January 1, 1995;

(3) recommend statutory changes to improve and strengthen the state's statutes on family and domestic violence;

(4) recommend programs and policies as it considers appropriate to address and eliminate the problems associated with family violence;

(5) conduct surveys and research as may be necessary.

Powers, administration

SECTION 5. (A) The advisory committee may request information and assistance from an officer or agency of the State or a subdivision. Upon request the officer or agency shall provide the advisory committee all relevant information and reasonable assistance on matters of research within their knowledge and control.

(B) The expenses, resources, and staffing of the advisory committee must be shared by the membership of the advisory committee and there may be no new appropriated state funds for use by the advisory committee.

(C) The members of the advisory committee shall serve without compensation, per diem, subsistence, or mileage reimbursement.

(D) The advisory committee formally shall report its findings and recommendations to the Joint Legislative Committee on Children and Families at least once during the legislative session at a full meeting of the joint committee.

(E) The advisory committee terminates July 1, 1997, unless the General Assembly by joint resolution continues the advisory committee for a specified period of time.

Time effective

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

Vetoed by the Governor - 5/30/94

Veto overridden by House - 6/2/94

Veto overridden by Senate - 6/2/94