South Carolina General Assembly
118th Session, 2009-2010

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Indicates Matter Stricken
Indicates New Matter

H. 3642

STATUS INFORMATION

General Bill
Sponsors: Rep. Cobb-Hunter
Document Path: l:\council\bills\nbd\11301ac09.docx

Introduced in the House on March 3, 2009
Currently residing in the House Committee on Judiciary

Summary: Criminal domestic violence

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
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    3/3/2009  House   Introduced and read first time HJ-3
    3/3/2009  House   Referred to Committee on Judiciary HJ-3

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/3/2009

(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 CRIMINAL DOMESTIC VIOLENCE OFFENSES, PENALATIES, AND PROSECUTION, SO AS TO PROVIDE THAT A JUDGE MAY PROCEED WITH THE PROSECUTION OF A CASE IF THE VICTIM IS NOT PRESENT AND TO PROVIDE THAT BEFORE DISMISSING A CASE, THE JUDGE SHALL MAKE WRITTEN FINDINGS AS TO WHETHER THE PROSECUTING OFFICIAL IS PREPARED TO PROSECUTE THE CASE AND THE TYPE OF EVIDENCE THAT WILL BE PRESENTED.

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

SECTION    1.    16-25-20(E) of the 1976 Code, as last amended by Act 255 of 2008, is further amended to read:

"(E)(1)        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. However, a judge may proceed with the prosecution of a case without the victim present.

(2)    Prior to dismissing a case brought for a violation provided for in this chapter, the judge shall inquire and make written findings as to whether the prosecuting official is ready to proceed with the trial of the case and what type of evidence, including, but not limited to, physical, testimonial, or documentary evidence, the prosecution is prepared to present."

SECTION    2.    This act takes effect upon approval by the Governor.

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