Current Status Introducing Body:Senate Bill Number:955 Primary Sponsor:Mitchell Committee Number:11 Type of Legislation:GB Subject:Battered spouse syndrome Residing Body:Senate Current Committee:Judiciary Computer Document Number:DKA/3310.AL Introduced Date:May 01, 1991 Last History Body:Senate Last History Date:May 01, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Mitchell Type of Legislation:General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 955 Senate May 01, 1991 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-170 SO AS TO PROVIDE FOR EVIDENCE OF BATTERED SPOUSE SYNDROME TO DEMONSTRATE THE DEFENDANT ACTED IN SELF-DEFENSE OR IN DEFENSE OF ANOTHER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 17-23-170. (A) Evidence that the actor was suffering from the battered spouse syndrome is admissible on the issue of whether the actor lawfully acted in self-defense or defense of another.
(B) If the defendant proposes to offer evidence of the battered spouse syndrome, he shall file written notice with the court before trial. The court, upon motion, shall appoint one or more private psychologists or psychiatrists who are neither employees nor contractors of the Department of Mental Health to examine the defendant. The examination ordered must be at a time and place and under conditions as the court determines proper. The order may include provisions for the interview of witnesses and may set the terms and conditions for any compensation.
(C) Statements made by the defendant in the course of the examination and information received by the physician or person appointed are not admissible in evidence against the accused on the issue of whether he committed the act charged against him in any criminal proceeding in any federal or state court."
SECTION 2. This act takes effect upon approval by the Governor.