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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Haskins, Leach, Anthony, Skelton and G.R. Smith
Document Path: l:\council\bills\nbd\12075ac04.doc
Introduced in the House on January 22, 2004
Currently residing in the House Committee on Judiciary
Summary: Maranda's Law, domestic violence
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/22/2004 House Introduced and read first time HJ-14 1/22/2004 House Referred to Committee on Judiciary HJ-14
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-75 SO AS TO ENACT MARANDA'S LAW TO REQUIRE A COURT TO MAKE WRITTEN FINDINGS OF FACT CONCERNING, AMONG OTHER THINGS, THE NATURE AND EXTENT OF DOMESTIC VIOLENCE COMMITTED BY A PERSON BEFORE RELEASING THE PERSON ON BOND OR SUSPENDING THE IMPOSITION OR EXECUTION OF A SENTENCE; AND TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO THE PROSECUTION OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT A SECOND OR SUBSEQUENT OFFENSE OF CRIMINAL DOMESTIC VIOLENCE MUST BE PROSECUTED IN GENERAL SESSIONS COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as "Maranda's Law".
SECTION 2. Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-75. In addition to the provisions of Section 17-15-30, before releasing a person on bond who has been arrested for criminal domestic violence, pursuant to Section 16-25-20(A) or (E) or Section 16-25-65(A), or before suspending the imposition or execution of a sentence imposed pursuant to this article, the court shall make written findings of fact concerning, but not limited to, the following:
(1) whether the person committed the domestic violence while subject to an order of protection, pursuant to Chapter 4, Title 20, the 'Protection from Domestic Abuse Act', or a valid protection order related to domestic or family violence issued by a court of another state, tribe, or territory;
(2) the nature and circumstances of the criminal domestic violence offense committed by the person;
(3) the nature and extent of any physical harm or injury that the person inflicted upon the victim;
(4) the nature and extent of any recent threats of physical harm or injury that the person has made against the victim;
(5) the nature and extent of prior domestic violence perpetrated by the person and whether the person was convicted of or pled guilty or nolo contendere to a criminal offense for such domestic violence;
(6) the nature and extent of prior convictions for violent crimes, as defined in Section 16-1-60.
SECTION 2. Section 16-25-20(H) of the 1976 Code, as amended by Act 92 of 2003, is further amended to read:
"(H) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim.
(I) An offender who participates in a batterer treatment program pursuant to this section, must participate in a program offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay.
(J) Notwithstanding any other provision of law, allegations of criminal domestic violence committed pursuant to subsection (C) or (D) must be prosecuted in general sessions court."
SECTION 3. This act takes effect upon approval by the Governor.
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