A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-23-170, RELATING TO ADMISSIBILITY OF EVIDENCE CONCERNING BATTERED SPOUSE SYNDROME, FOUNDATION, NOTICE, AND EXPERT AND LAY TESTIMONY, SO AS TO DEFINE NECESSARY TERMS, TO FURTHER DEFINE ADMISSIBLE EVIDENCE TO ESTABLISH THE DEFENDANT SUFFERS FROM BATTERED SPOUSE SYNDROME, AND TO PROVIDE FOR A REBUTTABLE PRESUMPTION THAT THE DEFENDANT SUFFERS FROM BATTERED SPOUSE SYNDROME AND ACTED IN SELF-DEFENSE WHEN THERE IS A DOCUMENTED HISTORY OF PRIOR VIOLENT ASSAULT ON THE DEFENDANT AND A THREAT OF A VIOLENT ASSAULT OR VIOLENT ASSAULT ON THE DEFENDANT BY THE VICTIM OCCURS WITHIN TWENTY-FOUR HOURS OF THE ALLEGED OFFENSE.

 

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

 

SECTION 1.  Section 17-23-170 of the S.C. Code is amended to read:

 

    Section 17-23-170. (A) For purposes of this section:

       (1) "Battered spouse syndrome" means the psychological condition of a victim of repeated physical and psychological abuse by a spouse, former spouse, cohabitant or former cohabitant.

       (2) "Violent assault" means:

           (a) an offense pursuant to Article 1, Chapter 3, Title 16; or

           (b) an assault and battery or criminal sexual conduct offense pursuant to Article 7, Chapter 3, Title 16.

    (B) Evidence that the actordefendant was suffering from the battered spouse syndrome is admissible in a criminal action on the issue of whether the actordefendant lawfully acted in self-defense, defense of another, defense of necessity, or defense of duress. This section does not preclude the admission of testimony on battered spouse syndrome in other criminal actions.  This testimony is not admissible when offered against a criminal defendant to prove the occurrence of the act or acts of abuse which form the basis of the criminal charge.Notwithstanding evidence that the defendant was the first aggressor, used excessive force, or failed to retreat at the time of the alleged offense, when the defendant raises the defense that the defendant was, at the time of the alleged offense, suffering from battered spouse syndrome as a result of the past course of conduct of the person who is the victim of the offense for which the defendant is charged, the court shall admit evidence of repeated physical and psychological abuse of the defendant by the person who is the victim of the offense for which the defendant is charged and expert testimony on battered spouse syndrome for the purpose of explaining the defendant's motive or state of mind, or both, at the time of the commission of the alleged offense.

    (B)(C) Expert opinion testimony on the battered spouse syndrome shall not be considered a new scientific technique the reliability of which is unproven, but is a matter or commonly accepted scientific knowledge.  Evidence by expert testimony includes, but is not limited to, testimony regarding the common pattern in abusive relationships; the nature and effects of physical or psychological abuse and typical responses, including how those effects relate to the perception of the imminent nature of the threat of death or great or moderate bodily harm; the relevant facts and circumstances which form the basis for the opinion; and whether the defendant displays characteristics common to victims of abuse.

    (C)(D) Lay testimony as to the actions of the batterer and how those actions contributed to the facts underlying the basis of the criminal charge shall not be precluded as irrelevant or immaterial if it is used to establish the foundation for evidence on the battered spouse syndrome.

    (D)(E) The foundation shall be sufficient for the admission of testimony on the battered spouse syndrome if the proponent of the evidence establishes its relevancy and the proper qualifications of the witness.

    (E)(F) A defendant who proposes to offer evidence of the battered spouse syndrome shall file written notice with the court before trial. Evidence of a documented history of a prior violent assault on the defendant by the victim of the alleged offense and that the defendant was threatened with or subjected to a violent assault within twenty-four hours of the alleged offense entitles the defendant to a rebuttable presumption that the defendant suffers from battered spouse syndrome and acted in self-defense.

 

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

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