Current Status Introducing Body:Senate Bill Number:15 Primary Sponsor:Mitchell Committee Number:25 Type of Legislation:GB Subject:Battered spouse syndrome Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/4108AL.93 Introduced Date:19930112 Date of Last Amendment:19930429 Last History Body:House Last History Date:19930504 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Mitchell Holland Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 15 House 19930504 Introduced, read first time, 25 referred to Committee 15 Senate 19930430 Read third time, sent to House 15 Senate 19930429 Amended, read second time, unanimous consent for third reading on Friday, April 30, 1993 15 Senate 19930428 Committee Report: Favorable 11 with amendment 15 Senate 19930112 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
COMMITTEE AMENDMENT ADOPTED
April 29, 1993
S. 15
S. Printed 4/29/93--S.
Read the first time January 12, 1993.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-170 SO AS TO PROVIDE FOR EVIDENCE OF BATTERED SPOUSE SYNDROME TO DEMONSTRATE THE DEFENDANT ACTED IN SELF-DEFENSE OR IN DEFENSE OF ANOTHER.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 17-23-170. (A) Evidence that the actor was suffering from the battered spouse syndrome is admissible in a criminal action on the issue of whether the actor 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.
(B) Expert opinion testimony on the battered spouse syndrome shall not be considered a new scientific technique whose reliability is unproven.
(C) 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) 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) A defendant who proposes to offer evidence of the battered spouse syndrome shall file written notice with the court before trial."
SECTION 2. This act takes effect upon approval by the Governor.