South Carolina General Assembly
116th Session, 2005-2006

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Bill 4831

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED--NOT PRINTED IN THE HOUSE

Amt. 2A (Doc. No. council\nbd\12659ac06)

June 1, 2006

H. 4831

Introduced by Reps. Cobb-Hunter, Young, Simrill and Whipper

S. Printed 5/25/06--S.

Read the first time April 26, 2006.

            

A BILL

TO AMEND SECTION 43-1-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS AND THEIR PURPOSE, MEMBERSHIP, AND DUTIES, SO AS TO PROVIDE THAT THE CIRCUIT SOLICITOR, RATHER THAN THE DEPARTMENT OF SOCIAL SERVICES, SHALL FACILITATE THE DEVELOPMENT OF THESE COUNCILS IN EACH COUNTY OR JUDICIAL CIRCUIT, TO ADD A REPRESENTATIVE OF THE DEPARTMENT OF SOCIAL SERVICES TO THE RECOMMENDED PARTICIPANTS ON THE COUNCILS, AND TO PROVIDE THAT MEMBERS ON SUCH COUNCILS SHALL ESTABLISH MEMORANDA OF AGREEMENT AMONG AND BETWEEN THESE MEMBERS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 43-1-260 of the 1976 Code, as added by Act 92 of 2003, is amended to read:

"Section 43-1-260.    (A)    The Department of Social Services circuit solicitor shall facilitate the development of community domestic violence coordinating councils in each county or multi-county area judicial circuit based upon public-private sector collaboration.

(B)    The purpose of a domestic violence coordinating council is to:

(1)    increase the awareness and understanding of domestic violence and its consequences;

(2)    reduce the incidence of domestic violence in the county or area served;

(3)    enhance and ensure the safety of battered women and their children.

(C)    The duties and responsibilities of a domestic violence coordinating council include, but are not limited to:

(1)    promoting effective strategies of intervention for identifying the existence of domestic violence and for intervention by public and private agencies;

(2)    establishing interdisciplinary and interagency protocols for intervention with survivors of domestic violence;

(3)    facilitating communication and cooperation among agencies and organizations that are responsible for addressing domestic violence;

(4)    monitoring, evaluating, and improving the quality and effectiveness of domestic violence services and protections in the community;

(5)    providing public education and prevention activities;

(6)    providing professional training and continuing education activities.

(D)    Membership on a domestic violence coordinating council may include, but is not limited to, representatives from magistrates court, family court, law enforcement, solicitor's office, probation and parole, batterer intervention programs or services, nonprofit battered women's program advocates, counseling services for children, legal services, victim assistance programs, the medical profession, substance abuse counseling programs, the clergy, survivors of domestic violence, local department of social services, and the education community. Members on the council shall develop memoranda of agreement among and between themselves to ensure clarity of roles and responsibilities in providing services to victims of domestic violence.

(E)    Each coordinating council is responsible for generating revenue for its operation and administration."

SECTION    2.    Article 5, Chapter 3, Title 22 of the 1976 Code is amended by adding:

"Section 22-3-546.    A circuit solicitor, in a circuit with five or more counties, may establish a program under his discretion and control, to prosecute first offense misdemeanor criminal domestic violence offenses, as defined in Section 16-25-20, in general sessions court. Whether to establish a program, and which cases may be prosecuted in general sessions court, are within the sole discretion of the solicitor. A solicitor shall report the results of the program to the Prosecution Coordination Commission."

SECTION 3.    This act takes effect upon approval by the Governor.

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