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Indicates Matter Stricken
Indicates New Matter
Sponsors: Rep. Herbkersman
Document Path: l:\council\bills\ms\7322ahb06.doc
Introduced in the House on April 4, 2006
Currently residing in the House Committee on Judiciary
Summary: Criminal domestic violence
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/4/2006 House Introduced and read first time HJ-4 4/4/2006 House Referred to Committee on Judiciary HJ-5
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE, SO AS TO ALLOW THE SOLICITOR TO TRY THE OFFENSE IN EITHER SUMMARY COURT OR GENERAL SESSIONS COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-25-20(B) of the 1976 Code, as last amended by Act 166 of 2005, is further amended to read:
"(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 nor more than two thousand five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the fine conditioned upon the offender completing, to the satisfaction of the court, and in accordance with the provisions of Section 16-25-20(I), a program designed to treat batterers.
Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection must be tried in summary court The solicitor, in his sole discretion, may try an offense pursuant to the provisions of this subsection in either summary court or general sessions court."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or 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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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.
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