Current Status Bill Number:3718 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950301 Primary Sponsor:Cobb-Hunter All Sponsors:Cobb-Hunter, Hallman, Rogers, Thomas, Moody-Lawrence, Canty, Shissias, Byrd, L. Whipper, White, Neilson, Wells, Allison, Harrison, Stuart, Wofford and J. Harris Drafted Document Number:BR1\18196AC.95 Residing Body:House Date Tabled:19960109 Current Committee:Judiciary Committee 25 HJ Subject:Domestic violence, battered spouse program
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960109 Tabled in Committee 25 HJ
House 19950301 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 16-25-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SENTENCING A PERSON CONVICTED OF DOMESTIC VIOLENCE, SO AS TO REQUIRE A PERSON WHO IS ORDERED TO ATTEND A TREATMENT PROGRAM FOR BATTERING SPOUSES TO COMPLETE THE PROGRAM RATHER THAN TO PARTICIPATE IN THE PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-25-60 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"Section 16-25-60. (A) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter shall appear before a judge for disposition of the case.
(B) When a person is convicted of a violation of Section 16-25-20 or 16-25-50, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the participation of the offender completing, 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.
(C) When a person is convicted of a violation of Section 16-25-40 or 16-25-65, the court may suspend execution of all or part of the sentence and place the offender on probation, conditioned upon:
(1) the participation of the offender completing, 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;
(2) fulfillment of all the obligations arising under court order pursuant to Section 20-4-60 and this section;
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(D) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim. A court may require an offender to pay for participation in a program or treatment or counseling as an appropriate term or condition for suspending the imposition or execution of all or part of a sentence."
SECTION 2. This act takes effect upon approval by the Governor.