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60Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010110Primary Sponsor: FordAll Sponsors: Ford, Richardson, Elliott, Leventis, Branton, RitchieDrafted Document Number: l:\s-res\rf\028viol.jh.docResiding Body: HouseCurrent Committee: Judiciary Committee 25 HJDate of Last Amendment: 20010322Subject: Criminal domestic violence of high and aggravated nature, violent crime; Domestic Relations, Crimes and OffensesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010328 Introduced, read first time, 25 HJ referred to Committee ------ 20010326 Scrivener's error corrected Senate 20010322 Amended, read third time, sent to House Senate 20010315 Amended, read second time, notice of general amendments Senate 20010315 Committee amendment adopted Senate 20010314 Committee report: Favorable with 11 SJ amendment Senate 20010314 Co-Sponsor added by Senator Ritchie Senate 20010110 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on March 14, 2001 - Word format Revised on March 15, 2001 - Word format Revised on March 22, 2001 - Word format Revised on March 26, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
March 22, 2001
Introduced by Senators Ford, Richardson, Elliott, Leventis, Branton and Ritchie
S. Printed 3/22/01--S. [SEC 3/26/01 10:00 AM]
Read the first time January 10, 2001.
TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE AS A VIOLENT CRIME CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-1-60 of the 1976 Code is amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law, a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312 (B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); criminal domestic violence of a high and aggravated nature (Section 16-25-65); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."
SECTION 2. Section 16-25-65 of the 1976 Code is amended to read:
"Section 16-25-65. (A)
The elements of the common law crime of assault and battery of a high and aggravated nature are incorporated in and made a part of the offense of criminal domestic violence of a high and aggravated nature when a person violates the provisions of Section 16-25-20 and the elements of assault and battery of a high and aggravated nature are present.It is unlawful to: (1) cause great bodily injury to a person's own household member, or (2) offer or attempt to cause great bodily injury to a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
(B) A person who
commits the crime of criminal domestic violence of a high and aggravated nature is guilty of a misdemeanor violates the provisions of subsection (A) is guilty of the offense of criminal domestic violence of a high and aggravated nature, a felony, and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than ten years, or both.
The provisions of this section create a statutory offense of criminal domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature For purposes of this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
SECTION 3. Section 16-25-70(H) of the 1976 Code, as last amended by Act 120 of 1997, is further amended to read:
No evidence other than evidence of violations of this article found as a result of a warrantless search is admissible in a court of law Evidence discovered as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in a court of law:
(1) if it is found:
(a) in plain view of a law enforcement officer in a room in which the officer is interviewing, detaining, or pursuing a suspect; or
(b) pursuant to a search incident to a lawful arrest for a violation of this article or for a violation of Chapter 3, Title 16; or
(2) if it is evidence of a violation of this article.
An officer may arrest and file criminal charges against a suspect for any offense that arises from evidence discovered pursuant to this section.
Unless otherwise provided for in this section, no evidence of a crime found as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in any court of law."
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent, civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision expressly so provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. This act takes effect upon approval by the Governor.
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