Bill 3071

                    Current Status

Introducing Body:               House
Bill Number:                    3071
Ratification Number:            209
Act Number:                     139
Primary Sponsor:                Whipper
Type of Legislation:            GB
Subject:                        Spousal sexual battery
Date Bill Passed both Bodies:   Jun 05, 1991
Computer Document Number:       3071
Governor's Action:              S
Date of Governor's Action:      Jun 12, 1991
Introduced Date:                Jan 08, 1991
Date of Last Amendment:         May 29, 1991
Last History Body:              ------
Last History Date:              Jun 12, 1991
Last History Type:              Act No. 139
Scope of Legislation:           Statewide
All Sponsors:                   Whipper
                                Waites
                                Corning
                                Manly
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3071  ------  Jun 12, 1991  Act No. 139
 3071  ------  Jun 12, 1991  Signed by Governor
 3071  ------  Jun 06, 1991  Ratified R 209
 3071  House   Jun 05, 1991  Concurred in Senate
                             amendment, enrolled for
                             ratification
 3071  Senate  May 30, 1991  Read third time, returned
                             with amendment
 3071  Senate  May 29, 1991  Amended, read second time,
                             ordered to third reading with
                             notice of general amendments
 3071  Senate  Mar 20, 1991  Committee Report: Favorable     11
                             with amendment
 3071  Senate  Feb 05, 1991  Introduced, read first time,    11
                             referred to Committee
 3071  House   Jan 30, 1991  Read third time, sent to
                             Senate
 3071  House   Jan 29, 1991  Amended, read second time
 3071  House   Jan 23, 1991  Committee Report: Favorable     25
                             with amendment
 3071  House   Jan 08, 1991  Introduced and read first       25
                             time, referred to Committee
 3071  House   Dec 12, 1990  Prefiled, referred to           25
                             Committee

(A139, R209, H3071)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE IS LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.

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

Spousal sexual battery

SECTION 1. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-615. (A) Sexual battery, as defined in Section 16-3-651(h), when accomplished through use of aggravated force, defined as the use of physical force or physical violence of a high and aggravated nature which results in some physical manifestation of that force or violence to overcome the victim, by one spouse against the other spouse if they are living together, constitutes the crime of spousal sexual battery and, upon conviction, is punishable according to the discretion of the court.

(B) The offending spouse's conduct must be reported to appropriate law enforcement authorities within thirty days in order for that spouse to be prosecuted for this offense.

(C) The provisions of Section 16-3-659.1 do not apply to any trial brought under this section."

Exceptions

SECTION 2. Section 16-3-658 of the 1976 Code is amended to read:

"Section 16-3-658. A person cannot be guilty of criminal sexual conduct under Sections 16-3-651 through 16-3-659.1 if the victim is the legal spouse unless the couple is living apart and the offending spouse's conduct constitutes criminal sexual conduct in the first degree or second degree as defined by Sections 16-3-652 and 16-3-653.

The offending spouse's conduct must be reported to appropriate law enforcement authorities within thirty days in order for a person to be prosecuted for these offenses."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 12th day of June, 1991.