Current Status Bill Number:
219Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950110Primary Sponsor: Greg SmithAll Sponsors: Greg Smith, Leventis, Hayes, Cork, Rankin, ThomasDrafted Document Number: RES9445.GSCompanion Bill Number: 3765Current Committee: Conference Committee 98 HCCDate of Last Amendment: 19950613Subject: Domestic violence cases
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19950613 Free Conference powers rejected Senate 19950613 Free Conference Committee Report 89 SFCC adopted Senate 19950613 Free Conference Powers granted, 89 SFCC Holland appointed Senators to Committee Moore of Free Conference Courson Senate 19950524 Conference powers granted, 88 SCC Holland appointed Senators to Committee Moore of Conference Courson House 19950523 Conference powers granted, 98 HCC Wofford appointed Reps. to Committee of Hodges Conference Meacham House 19950523 Insists upon amendment Senate 19950518 Non-concurrence in House amendment House 19950517 Read third time, returned to Senate with amendment House 19950516 Amended, read second time House 19950510 Recalled from Committee 25 HJ House 19950425 Introduced, read first time, 25 HJ referred to Committee Senate 19950420 Amended, read third time, sent to House Senate 19950419 Amended, read second time, ordered to third reading with notice of general amendments Senate 19950418 Committee report: Favorable with 11 SJ amendment Senate 19950110 Introduced, read first time, 11 SJ referred to Committee Senate 19941017 Prefiled, referred to Committee 11 SJView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
May 16, 1995
Introduced by SENATORS Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes
S. Printed 5/16/95--H.
Read the first time April 25, 1995.
TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-25-70 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"Section 16-25-70.(A) A law enforcement officer may arrest, with or without a warrant, a person at his the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed any a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.
(B) A law enforcement officer must arrest, with or without a warrant, a person at the person's place of residence or elsewhere if physical manifestations of injury to the alleged victim are present and the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.
(C) In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to any a family or household member.
(D) If a law enforcement officer receives complaints of domestic or family violence from two or more household members involving an incident of domestic or family violence, the officer shall evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer need not arrest the other person believed to have committed domestic or family violence. In determining whether a person is the primary aggressor, the officer shall consider:
(1) prior complaints of domestic or family violence;
(2) the relative severity of the injuries inflicted on each person;
(3) the likelihood of future injury to each person; and
(4) whether one of the persons acted in self-defense.
(E) A law enforcement officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage requests for intervention by law enforcement by a party.
(F) A law enforcement officer who arrests two or more persons for a crime involving domestic or family violence must include the grounds for arresting both parties in the written incident report.
(G) No evidence other than evidence of violations of this article found as a result of a warrantless search shall be is admissible in any a court of law.
(H) In addition to the protections granted to the law enforcement officer and law enforcement agency under the South Carolina Tort Claims Act, a law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness."
SECTION 3. This act takes effect upon approval by the Governor.