South Carolina General Assembly
117th Session, 2007-2008

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Indicates New Matter

S. 1096

STATUS INFORMATION

General Bill
Sponsors: Senators Martin, Ford, Ritchie, Malloy, Cromer, Ceips and Massey
Document Path: l:\s-jud\bills\martin\jud0037.jjg.doc
Companion/Similar bill(s): 3058

Introduced in the Senate on February 13, 2008
Currently residing in the Senate Committee on Judiciary

Summary: Criminal domestic violence

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/13/2008  Senate  Introduced and read first time SJ-16
   2/13/2008  Senate  Referred to Committee on Judiciary SJ-16
   2/22/2008  Senate  Referred to Subcommittee: Hawkins (ch), Sheheen, Lourie, 
                        Vaughn

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/13/2008

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

A BILL

TO AMEND SECTION 16-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO ADD THAT CRIMINAL DOMESTIC VIOLENCE CONVICTIONS IN OTHER STATES ARE TO BE CONSIDERED WHEN DETERMINING A PREVIOUS CONVICTION FOR PURPOSES OF ENHANCING THE PENALTY.

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

SECTION    1.    Section 16-25-20(C), as last amended by Act 166 of 2005, is further amended to read:

"(C)    A person who violates the provisions of subsection (A) and who has been convicted of a violation of that subsection, or a violation of Section 16-25-65, or a violation of a similar criminal domestic violence offense in another state within the previous ten years is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand five hundred dollars nor more than five thousand dollars and imprisoned not less than a mandatory minimum of thirty days nor more than one year. The court may suspend the imposition or execution of all or part of the sentence, except the thirty-day mandatory minimum sentence, 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. If a person is sentenced to a mandatory minimum of thirty days pursuant to the provisions of this section, the judge may provide that the sentence be served two days during the week or on weekends until the sentence is completed and. The offender is eligible for early release based on credits he is able to earn during the service of his sentence, including, but not limited to, good-time credits."

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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