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H. 4789
STATUS INFORMATION
General Bill
Sponsors: Reps. Cobb-Hunter, Leach, Haskins and Young
Document Path: l:\council\bills\nbd\12206ac04.doc
Introduced in the House on February 18, 2004
Currently residing in the House Committee on Judiciary
Summary: Protect Our Women in Every Relationship (POWER) Act; domestic violence
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/18/2004 House Introduced and read first time HJ-56
2/18/2004 House Referred to Committee on Judiciary HJ-58
4/1/2004 House Member(s) request name added as sponsor: Young
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO ENACT THE PROTECT OUR WOMEN IN EVERY RELATIONSHIP (POWER) ACT BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-240 SO AS TO REQUIRE MAGISTRATES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING EDUCATION ANNUALLY ON DOMESTIC VIOLENCE; TO AMEND SECTION 20-3-10, RELATING TO GROUNDS FOR DIVORCE, SO AS TO FURTHER SPECIFY THAT PHYSICAL CRUELTY INCLUDES PHYSICAL VIOLENCE AND CONDUCT THAT ENDANGERS ONE'S PHYSICAL OR PSYCHOLOGICAL WELL-BEING; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO ALLOWING DEFENDANTS IN CERTAIN CASES TO DEPOSIT A SUM OF MONEY WITH THE MAGISTRATE OR MUNICIPAL COURT IN LIEU OF ENTERING INTO RECOGNIZANCE, SO AS TO REQUIRE INDIVIDUALIZED HEARINGS IN CASES WHERE THE ACCUSED MAY POSE A THREAT TO THE PUBLIC OR AN INDIVIDUAL VICTIM; TO ADD SECTION 16-25-75 SO AS TO REQUIRE THE COURT TO MAKE SPECIFIC FINDINGS OF FACT REGARDING THE NATURE AND EXTENT OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE BEFORE RELEASING THE DEFENDANT ON BOND OR SUSPENDING THE SENTENCE; TO ADD SECTION 16-25-67 SO AS TO PROVIDE THAT A CRIMINAL DOMESTIC VIOLENCE CHARGE MAY NOT BE DROPPED AGAINST A PERSON IF THE VICTIM OR VICTIM'S ATTORNEY WAS NOT PRESENT AT THE HEARING AND TO REQUIRE CRIMINAL DOMESTIC VIOLENCE OFFENCES TO BE TRIED IN GENERAL SESSIONS COURT; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT IF A DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE ACTION IS FILED AND A PETITION FOR AN ORDER OF PROTECTION IS FILED THE ORDER FOR PROTECTION MUST BE INDEPENDENTLY PROCESSED, TO PROHIBIT ISSUANCE OF MUTUAL RESTRAINING ORDERS, TO AUTHORIZE SPECIAL NO FAULT PROTECTION ORDERS AGAINST VICTIMS, AND TO REQUIRE THE ORDER TO INFORM THE RESPONDENT OF THE RIGHT TO REQUEST A HEARING IF THE ORDER IS AUTOMATICALLY EXTENDED BY THE FILING OF AN AFFIDAVIT; TO ADD SECTION 23-1-240 SO AS TO REQUIRE A LAW ENFORCEMENT OFFICER EMPLOYED BY THE STATE OR A SUBDIVISION OF THE STATE WHO IS CONVICTED OF CRIMINAL DOMESTIC VIOLENCE TO BE TERMINATED FROM EMPLOYMENT; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS PROHIBITED FROM PARTICIPATING IN PRETRIAL INTERVENTION, SO AS TO INCLUDE A PERSON CHARGED WITH CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 16-25-20, RELATING TO CRIMINAL DOMESTIC VIOLENCE, SO AS TO PROHIBIT A PERSON CHARGED WITH SUCH AN OFFENSE FROM PLEADING GUILTY TO SIMPLE ASSAULT UNLESS AUTHORIZED BY THE COURT; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO PROHIBIT A PERSON CHARGED WITH SUCH AN OFFENSE FROM PLEADING TO ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE UNLESS AUTHORIZED BY THE COURT; TO AMEND SECTIONS 22-5-910, AS AMENDED, 22-5-920, AND 20-7-8525, ALL RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROHIBIT EXPUNGEMENT OF SUCH RECORDS FOR CRIMINAL DOMESTIC VIOLENCE FOR OFFENDERS CONVICTED IN MAGISTRATE'S COURT OR MUNICIPAL COURT, FOR SUCH OFFENSES COMMITTED BY YOUTHFUL OFFENDERS, AND FOR SUCH OFFENSES COMMITTED BY JUVENILES; TO AMEND SECTION 56-7-15, RELATING TO EFFECTING AN ARREST FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO REQUIRE LAW ENFORCEMENT TO FILE AN INCIDENT REPORT AND TO PROHIBIT THE USE OF UNIFORM TRAFFIC TICKETS TO EFFECT SUCH AN ARREST; TO AMEND SECTION 20-4-70, AS AMENDED, RELATING TO THE TERMS AND CONDITIONS OF ORDERS OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE FOR AN AUTOMATIC SIX MONTH EXTENSION UPON THE FILING OF AN AFFIDAVIT SEEKING AN EXTENSION AND TO PROVIDE NOTICE AND AN OPPORTUNITY FOR A HEARING; TO AMEND SECTION 16-25-20, RELATING TO PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REVISE FINES AND TERMS OF IMPRISONMENT AND TO REQUIRE MANDATORY MINIMUM SENTENCES, WHICH MAY BE SERVED ON WEEKENDS OR AT NIGHT; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO ESTABLISH A MINIMUM SENTENCE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT A FAMILY COURT JUDGE MAY APPOINT GUARDIANS AD LITEM IN DOMESTIC VIOLENCE MATTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Protect Our Women in Every Relationship (POWER) Act".
SECTION 2. Chapter 1 of Title 14 of the 1976 Code is amended by adding:
"Section 14-1-240. Magistrates, family court judges, and circuit court judges, annually shall receive continuing education on domestic violence, which may include, but is not limited to:
(1) the nature, extent, and causes of domestic and family violence;
(2) issues of domestic and family violence concerning children;
(3) prevention of the use of violence by children;
(4) sensitivity to gender bias and cultural, racial, and sexual issues;
(5) the lethality of domestic and family violence;
(6) legal issues relating to domestic violence and child custody;
(7) procedures, penalties, programs, and other issues relating to criminal domestic violence, including social and psychological issues relating to such violence, the vulnerability of victims and volatility of perpetrators, and the court's role in ensuring that the parties have appropriate and adequate representation;
(8) procedures and other matters relating to issuing orders of protection from domestic violence."
SECTION 3. Section 20-3-10 of the 1976 Code is amended to read:
"Section 20-3-10. No divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds, to wit:
(1) Adultery;
(2) Desertion for a period of one year;
(3) Physical cruelty for purposes of this section includes, but is not limited to:
(a) physical violence that causes bodily harm or reasonable apprehension of bodily harm; or
(b) conduct that endangers one's physical or psychological well-being such that continued cohabitation is unsafe or unendurable.
Physical cruelty may be proven by corroborating evidence or physical manifestations of bodily harm, apprehension of bodily harm, or endangerment of physical or psychological well-being;
(4) Habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug; or
(5) On the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year. A plea of res judicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground."
SECTION 4. Section 22-5-530(A) of the 1976 Code, as amended by Act 295 of 2002, is further amended to read:
"(A) A person charged and to be tried before a magistrate or municipal judge for a violation of law is entitled to deposit with the magistrate or municipal judge, in lieu of entering into recognizance, a sum of money not to exceed the maximum fine in the case for which the person is to be tried. However, an individualized hearing must be held in cases where the accused may pose a threat to the public or an individual victim, and notice must be given to the victim, in accordance with Section 16-3-1525(H). Such cases include, but are not limited to, driving under the influence, criminal domestic violence, and simple assault and battery."
SECTION 5. 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 a violation of criminal domestic violence, pursuant to Section 16-25-20(A) or (E) or Section 16-25-65(A), or before suspending 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 6. Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-67. (A) Notwithstanding any other provision of law and unless dismissed for other reasons, a pending charge may not be dismissed against a person for alleged criminal domestic violence, pursuant to Section 16-25-20(A) or (E) or Section 16-25-65(A), on the basis that the victim or the victim's attorney was not present at the hearing.
(B) Notwithstanding any other provision of law, allegations of criminal domestic violence committed pursuant to Section 16-25-20(A) or Section 16-25-65 must be prosecuted in general sessions court."
SECTION 7. Section 20-4-40(d) of the 1976 Code, as amended by Act 519 of 1994, is further amended to read:
"(d) In a pending action for divorce or separate support and maintenance, the petition for relief shall be brought in the form of a motion for further relief and shall be served on counsel of record, if any. Where no action is pending, the petition shall be filed and served as an independent action If a petition for relief is filed and a divorce or separate support and maintenance action is pending or subsequently filed, the court shall proceed with the petition for relief separate and independent of the action for divorce or separate support and maintenance."
SECTION 8. Chapter 1, Title 23 of the 1976 Code is amended by adding:
"Section 23-1-240. If a person who is employed by or under contract with the State, or any political subdivision of the state, as a law enforcement officer is convicted of or pleads guilty or nolo contendere to criminal domestic violence, the person must be terminated from such employment."
SECTION 9. Section 17-22-50 of the 1976 Code, as amended by Act 92 of 2003, is further amended to read:
"Section 17-22-50. (A) A person must not be considered for intervention if:
(1) he previously has been accepted into an intervention program; or
(2) the person is charged with:
(a) blackmail;
(b) driving under the influence of intoxicating liquor or drugs;
(c) a traffic-related offense which is punishable only by fine or loss of points;
(d) a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1020;
(e) a crime of violence as defined in Section 16-1-60; or
(f) an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.
(B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."
SECTION 10. Section 16-25-20 of the 1976 Code, as amended by Act 92 of 2003, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) when a person is charged with a violation of subsection (A), the court must not accept a guilty plea for simple assault, unless the court makes specific findings that simple assault is the more appropriate charge."
SECTION 11. Section 16-25-65 of the 1976 Code, as amended by Act 92 of 2003, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) when a person is charged with a violation of subsection (A), the court must not accept a guilty plea for assault and battery of a high and aggravated nature unless the court makes specific findings that assault and battery of a high and aggravated nature is the more appropriate charge."
SECTION 12. Section 22-5-910 of the 1976 Code, as last amended by Act 92 of 2003, is further amended to read:
"Section 22-5-910. (A) Following a first offense conviction in a magistrate's court or a municipal court, the defendant after three years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, or to an offense contained in Chapter 25 of Title 16, except first offense criminal domestic violence as contained in Section 16-25-20. If the defendant has had no other conviction during the three-year period following the first offense conviction in a magistrate's court or a municipal court, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred prior to June 1, 1992.
(B) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
(C) As used in this section, "conviction" includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."
SECTION 13. Section 22-5-920(B) of the 1976 Code, as added by Act 1 of 2003, is amended to read:
"(B) Following a first offense conviction as a youthful offender, the defendant after fifteen years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, to an offense classified as a violent crime in Section 16-1-60, or to an offense contained in Chapter 25 of Title 16, except as otherwise provided in Section 16-25-30. If the defendant has had no other conviction during the fifteen-year period following the first offense conviction as a youthful offender, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred before the effective date of this section."
SECTION 14. Section 20-7-8525(B) of the 1976 Code, as added by Act 388 of 2000, is amended to read:
"(B) An adjudication for a violent crime, as defined in Section 16-1-60, or for criminal domestic violence, as provided for in Chapter 25 of Title 16, must not be expunged."
SECTION 15. Section 56-7-15(B) of the 1976 Code, as added by Act 92 of 2003, is amended to read:
"(B) An officer who effects an arrest, by use of a uniform traffic ticket, for a violation of Chapter 25 of Title 16, must subsequently shall complete and file an incident report within fifteen days of the issuance of the ticket. An officer may not effect an arrest for a violation of Chapter 25 of Title 16 by use of a uniform traffic ticket."
SECTION 16. Section 20-4-60(e) of the 1976 Code, as added by Act 396 of 1996, is amended to read:
"(e) An order of protection must not be issued against a party who has not be charged with a domestic violence offense. Further, no mutual order of protection may be granted unless the court set forth findings of fact necessitating the mutual order or unless upon both parties consent to a mutual order. However, in addition to an order of protection issued in accordance with this chapter, the judge may issue a protective order restraining the victim from contact with the abuser specifically finding that the order is necessary to give further protection to the victim of the abuse. The order shall set forth that it is issued without any finding of fault on the part of the victim and is being issued to further protect the victim of abuse without the victim suffering the consequences of a traditional order of protection. The Office of Court Administration shall develop a form order that complies with the provisions of this section."
SECTION 17. Section 20-4-70 of the 1976 Code, as last amended by Act 270 of 1998, is further amended to read:
"Section 20-4-70. (A) An order of protection issued under Section 20-4-60 must be for a fixed time not less than six months nor and not more than one year unless the parties have reconciled as evidenced by an order of dismissal and. An order may be extended or terminated in accordance with subsection (E) or by order of the court upon motion by either party showing good cause with notice to the other party. A respondent has the right to a hearing on the extension of an order issued pursuant to this section within thirty days of the date upon which the order will expire. If the parties reconcile, the issuing court may grant an order of dismissal without a hearing if the petitioner receiving the order of protection to be dismissed appears personally at the offices of the issuing court, shows proper identification, and signs a written request to dismiss based on the reconciliation.
(B) Provisions included in an order of protection granting relief pursuant to Section 20-4-60(c) must be enforced until further order of the court following the issuance of the order unless before the expiration of the period the court has scheduled a hearing pursuant to the filing of an action for divorce or separate support and maintenance to determine the temporary rights and obligations of the parties with respect to support of a spouse or children, custody and visitation, or the distribution of personal property. If the hearing has been scheduled, relief granted under Section 20-4-60(c) remains in effect until an order pursuant to the hearing is issued by the court.
(C) The family court may modify the terms of any order issued under this section.
(D) An order of protection issued by a magistrate expires as provided under the terms of the order or upon the issuance of a subsequent order by the family court, whichever occurs first.
(E) If before an order of protection terminates the party who obtained the order files an affidavit with the issuing court requesting an extension of the order for good cause, the order is automatically extended for six months from the termination date of the existing order, and a hearing is not required. The affidavit must be on forms prescribed by the Office of Court Administration, and the forms must be made available at all magistrates courts and family courts in this State. The extension order must be served upon the respondent as provided by law for service of process, and the respondent may request a hearing within 15 days of receiving the extension order. An order of protection may be extended pursuant to this subsection four times; thereafter an extension must be obtained in accordance with the provisions of subsection (A)."
SECTION 18. Section 20-4-40(c) of the 1076 Code is amended to read:
"(c) The petition must inform the respondent of the right to obtain counsel and that the respondent may request a hearing if an order of protection is automatically extended for six months upon the petitioner filing an affidavit for an extension."
SECTION 19. Section 16-25-20 of the 1976 Code, as amended by Act 92 of 2003, is further amended to read:
"Section 16-25-20 (A) It is unlawful to:
(1) cause physical harm or injury to a person's own household member; or
(2) offer or attempt to cause physical harm or injury to a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
(B) Except as otherwise provided in this section, a person who violates subsection (A) is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not less than one thousand dollars and not more than five twenty-five hundred dollars or and imprisoned not less than forty-eight hours and not more than thirty days. The court may suspend the imposition or execution of all or part of the sentence fine conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers. The court may not grant probation for or suspend any part of the mandatory forty-eight-hour minimum sentence and may provide for the sentence to be served upon terms and conditions the court considers proper including, but not limited to, weekend or nighttime service in any fashion the court considers necessary.
(C) A person who violates subsection (A) and who has been convicted of a violation of that subsection or of Section 16-25-65 within the previous ten years is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five hundred dollars and not more than five hundred thousand dollars and imprisoned not less than thirty days and not more than thirty ninety days. The court may suspend the imposition or execution of all or part of the sentence fine conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers. The court may not grant probation for or suspend any part of the mandatory thirty-day minimum sentence, and may provide for the sentence to be served upon terms and conditions the court considers proper including, but not limited to, weekend or nighttime service in any fashion the court considers necessary.
(D) A person who violates subsection (A) after previously having been convicted of two violations of subsection (A) within the previous ten years or two violations of Section 16-25-65 within the previous ten years or a violation of subsection (A) and a violation of Section 16-25-65 within the previous ten years is guilty of a misdemeanor and, upon conviction, must be imprisoned not less than ninety days but not more than three years. The court may suspend the imposition or execution of all or part of the sentence, except the mandatory ninety-day minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers in accordance with the provisions of subsection (G).
(E) A person who violates the terms and conditions of an order of protection issued in this State under 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 is guilty of a misdemeanor and, upon conviction, must be imprisoned not less than fourteen days and not more than thirty days and fined not less than five hundred dollars and not more than five hundred one thousand dollars. The court may suspend the imposition or execution of all or part of the sentence fine conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers. The court may not grant probation for or suspend any part of the mandatory fourteen-day minimum sentence and may provide for the sentence to be served upon terms and conditions the court considers proper including, but not limited to, weekend or nighttime service in any fashion the court considers necessary.
A person convicted of a violation of subsection (A) and this subsection must not be sentenced under both sections for the same offense. A person convicted of a violation of Section 16-25-65 and this subsection for the same offense must be imprisoned for not less than one year and not more than ten years as provided for in Section 16-25-65. The court may not grant probation for or suspend any part of the mandatory one-year minimum sentence.
(F) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter must appear before a judge for disposition of the case.
(G) When a person is convicted of a violation of Section 16-25-65 or sentenced pursuant to subsection (D), the court may suspend execution of all or part of the sentence, except for the mandatory minimum sentence, and place the offender on probation, conditioned upon:
(1) the offender completing, to the satisfaction of the court, a program designed to treat batterers;
(2) fulfillment of all the obligations arising under court order pursuant to this section and Section 16-25-65; and
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(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 shall 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."
SECTION 20. Section 16-25-65(B) of the 1976 Code, amended by Act 92 of 2003 is further amended to read:
"(B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not less than one year and not more than ten years. The court may suspend the imposition or execution of all or part of the sentence, except the mandatory one-year minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services and in accordance with any other provisions that the court may impose pursuant to Section 16-25-20(G). 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."
SECTION 21. Section 20-7-420(37) of the 1976 Code, as last amended by Act 361 of 2002 is further amended to read:
"(37) To appoint guardians ad litem in actions pertaining to custody or visitation pursuant to Section 20-7-1545 or other matters before the court including, but not limited to, actions for orders of protection in domestic violence cases."
SECTION 22. 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 23. This act takes effect upon approval by the Governor.
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