Current Status Introducing Body:
HouseBill Number: 3033Ratification Number: 303Act Number: 295Primary Sponsor: Cobb-HunterType of Legislation: GBSubject: Spousal sexual batteryDate Bill Passed both Bodies: 19940127Computer Document Number: 436/12682.ACGovernor's Action: SDate of Governor's Action: 19940301Introduced Date: 19930112Date of Last Amendment: 19940125Last History Body: ------Last History Date: 19940301Last History Type: Signed by GovernorScope of Legislation: StatewideAll Sponsors: Cobb-Hunter Whipper Breeland Inabinett Waites Neal Haskins HuffType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 3033 ------ 19940301 Signed by Governor 3033 ------ 19940301 Act No. 295 3033 ------ 19940224 Ratified R 303 3033 House 19940127 Concurred in Senate amendment, enrolled for ratification 3033 Senate 19940126 Read third time, returned to House with amendment 3033 Senate 19940125 Amended, read second time 3033 Senate 19940119 Committee Report: Favorable 11 with amendment 3033 Senate 19930525 Introduced, read first time, 11 referred to Committee 3033 House 19930520 Read third time, sent to Senate 3033 House 19930519 Amended, read second time 3033 House 19930505 Committee Report: Favorable 25 with amendment 3033 House 19930112 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
(A295, R303, H3033)
AN ACT TO AMEND SECTIONS 16-3-615 AND 16-3-659.1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOUSAL SEXUAL BATTERY AND ADMISSIBILITY OF EVIDENCE, SO AS TO PROVIDE THAT PROVISIONS GOVERNING THE ADMISSIBILITY OF EVIDENCE CONCERNING A VICTIM'S SEXUAL CONDUCT APPLY IN SPOUSAL SEXUAL BATTERY, AND TO DEFINE AGGRAVATED FORCE TO INCLUDE THE USE OR THREAT OF USE OF A WEAPON OR THE USE OR THREAT OF USE OF PHYSICAL FORCE.
Be it enacted by the General Assembly of the State of South Carolina:
Provisions governing admissibility of prior sexual conduct applies in spousal sexual battery
SECTION 1. Section 16-3-615(C) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(C) The provisions of Section 16-3-659.1 apply to any trial brought under this section."
Victim's prior sexual conduct not admissible in spousal sexual battery
SECTION 2. Section 16-3-659.1(1) of the 1976 Code is amended to read:
"(1) Evidence of specific instances of the victim's sexual conduct, opinion evidence of the victim's sexual conduct, and reputation evidence of the victim's sexual conduct is not admissible in prosecutions under Sections 16-3-615 and 16-3-652 to 16-3-656; however, evidence of the victim's sexual conduct with the defendant or evidence of specific instances of sexual activity with persons other than the defendant introduced to show source or origin of semen, pregnancy, or disease about which evidence has been introduced previously at trial is admissible if the judge finds that such evidence is relevant to a material fact and issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value. Evidence of specific instances of sexual activity which would constitute adultery and would be admissible under rules of evidence to impeach the credibility of the witness may not be excluded."
Definition of aggravated force
SECTION 3. Section 16-3-615(A) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
(A) Sexual battery, as defined in Section 16-3-651(h), when accomplished through use of aggravated force, defined as the use or the threat of use of a weapon or the use or threat of use of physical force or physical violence of a high and aggravated nature, by one spouse against the other spouse if they are living together, constitutes the felony of spousal sexual battery and, upon conviction, a person must be imprisoned not more than ten years."
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 1st day of March, 1994.