Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
S. 304
STATUS INFORMATION
General Bill
Sponsors: Senator Ford
Document Path: l:\council\bills\swb\5032cm03.doc
Companion/Similar bill(s): 368, 477, 3253
Introduced in the Senate on January 30, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Criminal domestic violence of high and aggravated nature is a felony and violent crime
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/30/2003 Senate Introduced and read first time SJ-5 1/30/2003 Senate Referred to Committee on Judiciary SJ-5
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; AND TO AMEND SECTION 16-25-65, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO REVISE THE ELEMENTS OF CRIME, TO RECLASSIFY THE CRIME AS A FELONY, TO DELETE THE PROVISION THAT STATES THE CRIME MUST NOT BE CONSTRUED AS CODIFYING THE COMMON LAW CRIME OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, AND TO PROVIDE A DEFINITION FOR THE TERM "GREAT BODILY INJURY".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-1-60 of the 1976 Code, as last amended by Act 176 of 2002, is further 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)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); accessory before the fact to commit any of the above offenses (Section 16-1-40); criminal domestic violence of a high and aggravated nature (Section 16-25-65); attempt to commit any of the above offenses (Section 16-1-80); and taking of a hostage by an inmate (Section 24-13-450). Only those offenses specifically enumerated in this section are considered violent offenses."
SECTION 2. Section 16-25-65 of the 1976 Code, as added by Act 516 of 1994, 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 household members; or
(2) attempt to cause great bodily injury to a person's household members.
(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 contained in subsection (A) is guilty of the felony of criminal domestic violence of a high and aggravated nature 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 causes serious, permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ."
SECTION 3. 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 4. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, December 7, 2009 at 10:15 A.M.