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COMMITTEE REPORT
January 31, 2001
S. 135
S. Printed 1/31/01--S. [SEC 2/1/01 3:19 PM]
Read the first time January 11, 2001.
To whom was referred a Bill (S. 135) to amend Chapter 3, Title 16, Code of Laws of South Carolina, 1976, by adding Section 16-3-750, so as to punish psychotherapists, alcohol and drug abuse counselors, and other confidants who have sexual contact with a patient, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
DONALD H. HOLLAND, for Committee.
EXPLANATION OF IMPACT:
Department of Corrections (SCDC)
The department forecasts a minimal fiscal impact to the General Fund of the State with the passage of the proposed legislation. The department notes that while no data is available to predict the number of convictions and the resultant admissions to SCDC for the offense of unlawful sexual contact with patient by psychotherapist, alcohol and drug abuse counselor, or other confidant, a significant population increase is not expected at this time.
SC Judicial Department
The department states that it may experience an increase in the case load for the Circuit Court, however, there is not enough information available to estimate the number of cases that would come before the court with the enactment of this bill. Should the number of cases exceeds what their current pool of circuit court judges can absorb, additional judges would be needed. The cost associated with one additional judge and staff (administrative assistant, court reporter and law clerk) is approximately $314,428 for personal services and associated operating expenses and $26,620 of non-recurring cost for automation and furniture. The addition of new judges would also require more courtroom space, an expense borne by county government
Approved By:
Don Addy
Office of State Budget
TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750, SO AS TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A PATIENT; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A PATIENT; AND TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-750. (A) For purposes of this section:
(1) 'Alcohol and drug abuse counselor' means any person who holds a certification credential from the South Carolina Association of Alcohol and Drug Abuse Counselors or any person who provides services of a psychological nature within the scope of his or her employment.
(2) 'Psychotherapist' means any person who performs or purports to perform psychotherapy, whether or not such person is licensed by the State under Section 40-63-70.
(3) 'Sexual battery' means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.
(4) 'Sexual contact' means any direct or indirect touching, fondling, or manipulating of any part of the genitals, anus, or female breast by any part of the body or by any object or causing a person to engage in such contact.
(5) 'Therapeutic deception' means a representation by a psychotherapist, alcohol and drug abuse counselor, or any other person who is a confidant, as defined in Section 44-53-110, that sexual contact by the actor is consistent with or part of the patient's treatment.
(B)(1) It is unlawful for any psychotherapist, alcohol and drug abuse counselor, or any other person who is a confidant, as defined under Section 44-53-110, to engage in sexual contact with a patient if:
(a) the patient is currently under the care or supervision of the psychotherapist, alcohol and drug abuse counselor, or confidant; or
(b) the patient was under the care or supervision of the psychotherapist, alcohol and drug abuse counselor, or confidant within the last three years, and the sexual contact occurred by means of therapeutic deception.
(2) It is unlawful for any psychotherapist, alcohol and drug abuse counselor, or any other person who is a confidant, as defined under Section 44-53-110, to engage in sexual battery with a patient if:
(a) the patient is currently under the care or supervision of the psychotherapist, alcohol and drug abuse counselor, or confidant; or
(b) the patient was under the care or supervision of the psychotherapist, alcohol and drug abuse counselor, or confidant within the last three years, and the sexual battery occurred by means of therapeutic deception.
(C) Sexual contact with a patient is a felony punishable by imprisonment for not more than ten years. Sexual battery with a patient is a felony punishable by imprisonment for not more than thirty years.
(D) Consent of the patient is not a defense under this section."
SECTION 2. This act takes effect upon approval by the Governor.
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