Bill 15

                    Current Status

Introducing Body:               Senate
Bill Number:                    15
Primary Sponsor:                Mitchell
Committee Number:               25
Type of Legislation:            GB
Subject:                        Battered spouse syndrome
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       DKA/4108AL.93
Introduced Date:                19930112    
Date of Last Amendment:         19930429    
Last History Body:              House
Last History Date:              19930504    
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Mitchell
                                     Holland
Type of Legislation:            General Bill

Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

15    House   19930504      Introduced, read first time,    25
                            referred to Committee
15    Senate  19930430      Read third time, sent to House
15    Senate  19930429      Amended, read second time,
                            unanimous consent for third
                            reading on Friday, April 30,
                            1993                            
15    Senate  19930428      Committee Report: Favorable     11
                            with amendment
15    Senate  19930112      Introduced, read first time,    11
                            referred to Committee

COMMITTEE AMENDMENT ADOPTED

April 29, 1993

S. 15

S. Printed 4/29/93--S.

Read the first time January 12, 1993.

A BILL

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.

Amend Title To Conform

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 in a criminal action on the issue of whether the actor lawfully acted in self-defense, defense of another, defense of necessity, or defense of duress. This section does not preclude the admission of testimony on battered spouse syndrome in other criminal actions. This testimony is not admissible when offered against a criminal defendant to prove the occurrence of the act or acts of abuse which form the basis of the criminal charge.

(B) Expert opinion testimony on the battered spouse syndrome shall not be considered a new scientific technique whose reliability is unproven.

(C) Lay testimony as to the actions of the batterer and how those actions contributed to the facts underlying the basis of the criminal charge shall not be precluded as irrelevant or immaterial if it is used to establish the foundation for evidence on the battered spouse syndrome.

(D) The foundation shall be sufficient for the admission of testimony on the battered spouse syndrome if the proponent of the evidence establishes its relevancy and the proper qualifications of the witness.

(E) A defendant who proposes to offer evidence of the battered spouse syndrome shall file written notice with the court before trial."

SECTION 2. This act takes effect upon approval by the Governor.