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COMMITTEE REPORT
March 14, 2001
S. 60
Introduced by Senators Ford, Richardson, Elliott, Leventis, Branton and Ritchie
S. Printed 3/14/01--S.
Read the first time January 10, 2001.
To whom was referred a Bill (S. 60) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. 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.
(C) 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 2. 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 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
ROBERT FORD, for Committee.
EXPLANATION OF IMPACT:
Department of Corrections
The Department forecasts a minimal fiscal impact to the General Fund of the State with the passage of the proposed legislation. The bill relates to violent crimes, so as to include "Criminal Domestic Violence of a High and Aggravated Nature". The department notes that designating the crime "Criminal Domestic Violence of a High and Aggravated Nature" as a violent crime, requires the affected offender to be initially eligible for parole after serving one-third (instead of one-fourth) of their sentences and parole re-hearing at the interval of two (instead of one) years. Violent offense designation does not equate to "no parole", because "no parole" crimes are specified by statute. Thus, the expected time to serve by offenders having committed "Criminal Domestic Violence of a High and Aggravated Nature" is not expected to increase significantly. Assuming admission levels of affected offenders will remain constant at the FY2000 level (about 150 per year), with no changes in sentencing patterns, coupled with an average annual inmate incarceration cost of $15,101, the future inmate population could increase by 23 inmates in FY2007, equating to an average annual cost of $347,323.
Department of Probation, Parole & Pardon; Prosecution Coordination Commission; Commission on Appellate Defense; and Commission on Indigent Defense
These agencies forecast a minimal fiscal impact to the General Fund of the State with the passage of the proposed legislation indicating that additional costs are anticipated but can be absorbed.
SC Judicial Department
The Judicial Department states that there is not enough information available to estimate the number of cases that would come before the court with the enactment of this bill. However, 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 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.
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. This act takes effect upon approval by the Governor.
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