Bill 3765

                    Current Status

Bill Number:                       3765
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19950308
Primary Sponsor:                   Meacham
All Sponsors:                      Meacham, Elliott, Herdklotz,
                                   Allison, Mason, Simrill, Wells,
                                   Moody-Lawrence, Littlejohn,
                                   Easterday, A. Young, Tripp, Rice,
                                   Fleming, Cato, Koon, Gamble and Riser
                                   
Drafted Document Number:           BR1\18323AC.95
Companion Bill Number:             219
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Date of Last Amendment:            19950511
Subject:                           Domestic violence cases

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19960111  Recommitted to Committee                 11 SJ
Senate  19950525  Read second time, ordered to
                  third reading with notice of
                  general amendments
Senate  19950525  Recalled from Committee                  11 SJ
Senate  19950516  Introduced, read first time,             11 SJ
                  referred to Committee
House   19950512  Read third time, sent to Senate
House   19950511  Unanimous consent for third
                  reading on the next Legislative day
House   19950511  Amended, read second time
House   19950420  Committee report: majority,              25 HJ
                  favorable with amendment,
                  minority, unfavorable
House   19950308  Introduced, read first time,             25 HJ
                  referred to Committee

Indicates Matter Stricken
Indicates New Matter

RECALLED

May 25, 1995

H. 3765

Introduced by REPS. Meacham, Elliott, Herdklotz, Allison, Mason, Simrill, Wells, Moody-Lawrence, Littlejohn, Easterday, A. Young, Tripp, Rice, Fleming, Cato, Koon, Gamble and Riser

S. Printed 5/25/95--S.

Read the first time May 16, 1995.

A BILL

TO AMEND SECTION 16-25-70, AS AMENDED, 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.

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) 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.

(E) 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 any 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 2. This act takes effect upon approval by the Governor.