H*3033(Rat #0303, Act #0295)  General Bill, By Cobb-Hunter, Breeland, Haskins, 
T.E. Huff, Inabinett, J.H. Neal, C.Y. Waites and L.S. Whipper

Similar(H 3067)
 A Bill to amend Sections 16-3-615 and 16-3-659.1, Code of Laws of South
 Carolina, 1976, relating to spousal sexual battery and admissibility of
 evidence, so as to provide that provisions governing the admissibility of
 evidence concerning a victim's sexual conduct apply in spousal sexual battery,
 and to define aggravated force to include the use or threat of use of a weapon
 or the use or threat of use of physical force.-amended title

   01/12/93  House  Introduced and read first time HJ-26
   01/12/93  House  Referred to Committee on Judiciary HJ-26
   05/05/93  House  Committee report: Favorable with amendment
                     Judiciary HJ-23
   05/19/93  House  Amended HJ-81
   05/19/93  House  Read second time HJ-82
   05/20/93  House  Read third time and sent to Senate HJ-14
   05/25/93  Senate Introduced and read first time SJ-18
   05/25/93  Senate Referred to Committee on Judiciary SJ-18
   01/19/94  Senate Committee report: Favorable with amendment
                     Judiciary SJ-20
   01/25/94  Senate Amended SJ-13
   01/25/94  Senate Read second time SJ-13
   01/26/94  Senate Read third time and returned to House with
                     amendments SJ-10
   01/27/94  House  Concurred in Senate amendment and enrolled HJ-20
   02/24/94         Ratified R 303
   03/01/94         Signed By Governor
   03/01/94         Effective date 03/01/94
   03/14/94         Copies available

AN ACT TO AMEND SECTIONS 16-3-615 AND 16-3-659.1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOUSAL SEXUAL BATTERY AND ADMISSIBILITY OF EVIDENCE, SO AS TO PROVIDE THAT PROVISIONS GOVERNING THE ADMISSIBILITY OF EVIDENCE CONCERNING A VICTIM'S SEXUAL CONDUCT APPLY IN SPOUSAL SEXUAL BATTERY, AND TO DEFINE AGGRAVATED FORCE TO INCLUDE THE USE OR THREAT OF USE OF A WEAPON OR THE USE OR THREAT OF USE OF PHYSICAL FORCE.

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

Provisions governing admissibility of prior sexual conduct applies in spousal sexual battery

SECTION 1. Section 16-3-615(C) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(C) The provisions of Section 16-3-659.1 apply to any trial brought under this section."

Victim's prior sexual conduct not admissible in spousal sexual battery

SECTION 2. Section 16-3-659.1(1) of the 1976 Code is amended to read:

"(1) Evidence of specific instances of the victim's sexual conduct, opinion evidence of the victim's sexual conduct, and reputation evidence of the victim's sexual conduct is not admissible in prosecutions under Sections 16-3-615 and 16-3-652 to 16-3-656; however, evidence of the victim's sexual conduct with the defendant or evidence of specific instances of sexual activity with persons other than the defendant introduced to show source or origin of semen, pregnancy, or disease about which evidence has been introduced previously at trial is admissible if the judge finds that such evidence is relevant to a material fact and issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value. Evidence of specific instances of sexual activity which would constitute adultery and would be admissible under rules of evidence to impeach the credibility of the witness may not be excluded."

Definition of aggravated force

SECTION 3. Section 16-3-615(A) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

(A) Sexual battery, as defined in Section 16-3-651(h), when accomplished through use of aggravated force, defined as the use or the threat of use of a weapon or the use or threat of use of physical force or physical violence of a high and aggravated nature, by one spouse against the other spouse if they are living together, constitutes the felony of spousal sexual battery and, upon conviction, a person must be imprisoned not more than ten years."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 1st day of March, 1994.