Current Status Introducing Body:Senate Bill Number:1525 Primary Sponsor:Robert W. Hayes Jr. Committee Number:11 Type of Legislation:GB Subject:Criminal domestic violence Residing Body:Senate Computer Document Number:436/12347.DW Introduced Date:Apr 29, 1992 Last History Body:Senate Last History Date:Apr 29, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Robert W. Hayes Jr. Peeler Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
1525 Senate Apr 29, 1992 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND 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; AND 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 COHABITATING OR FORMERLY COHABITING".
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. (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 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.
(B) A person who commits the crime of criminal domestic violence of a high and aggravated nature must be punished, upon conviction, by a fine of not more than three thousand dollars or by imprisonment for not more than ten years, or both.
Section 16-25-35. When a person is convicted of a violation of Section 16-25-20, 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, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling."
SECTION 2. 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 cohabitating or formerly cohabitating."
SECTION 3. This act takes effect upon approval by the Governor.