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Rep. PHILLIPS explained the Joint Resolution.

H. 4728 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACADEMIC REQUIREMENTS FOR ADDING INSTRUCTIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1680, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill was taken up.

S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7608DW.94), which was adopted.

Amend the bill, as and if amended, SECTION 1, page 2, lines 1 and 2 by striking /and persons cohabitating cohabiting or formerly cohabitating cohabiting/; line 15, by striking /two/ and inserting /two five/; line 30, by striking /two/ and inserting /two five/ lines 36, 37, and 38, by deleting /(A) A person charged with a violation provided in this chapter shall appear before a judge for disposition of the case./, line 39 by striking /(B) and inserting /(A)/; page 3, line 3, by striking /(C)/ and inserting /(B)/, line 19, by striking /(D)/ and inserting /(C)/, line 41 by deleting /felony/ and inserting /misdemeanor/; line 44, by striking /ten/ and inserting /three/ page 4, by deleting SECTION 2 in its entirety, lines 35 through 42; and page 5, by deleting SECTION 3 in its entirety, lines 1 through 4, so that when amended the bill reads:

/SECTION 1. Chapter 25, Title 16 of the 1976 Code is amended to read:

Section 16-25-10. As used in this article, `family or household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, and persons cohabitating or formerly cohabiting.

Section 16-25-20.It is unlawful to: (1) Cause cause physical harm or injury to his or her family or household member, (2) offer or attempt to cause physical harm or injury to his or her family or household member with apparent present ability under circumstances reasonably creating fear of imminent peril.

Section 16-25-30.Any person who violates Section 16-25-20 is guilty of criminal domestic violence and upon conviction must be punished by a fine of not more than two five hundred dollars or imprisonment of for not more than thirty days.

Section 16-25-40.Any person who violates Section 16-25-20 after having previously been twice convicted of a violation of Section 16-25-20 must be punished upon conviction by a fine of not more than three thousand dollars or by imprisonment for not more than three years or both.

Section 16-25-50.Any A person violating the terms and conditions of an order of protection issued under the `Protection from Domestic Abuse

Section 16-25-60.(A)When a person is convicted of a violation of Section 16-25-20, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the participation of the offender, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling.

(B)When any a person is convicted of a violation of Section 16-25-40 or 16-25-65, the court may suspend execution of all or part of the sentence and place the offender on probation, conditioned upon:

(1)the participation of the offender, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling;

(2)fulfillment of all the obligations arising under court order pursuant to Section 20-4-60 this section;

(3)other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.

(C)In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim. A court may require an offender to pay for participation in a program or treatment or counseling as an appropriate term or condition for suspending the imposition or execution of all or part of a sentence.

Section 16-25-65. (A)The elements of the common law crime of assault and battery of a high and aggravated nature are incorporated in and made a part of the offense of criminal domestic violence of a high and aggravated nature when a person violates the provisions of Section 16-25-20 and the elements of assault and battery of a high and aggravated nature are present.

(B)A person who commits the crime of criminal domestic violence of a high and aggravated nature is guilty of a misdemeanor and must be punished, upon conviction, by a fine of not more than three thousand dollars or by imprisonment for not more than three years, or both.

Section 16-25-70.A law enforcement officer may arrest, with or without a warrant, a person at his place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly

In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to any family or household member.

No evidence other than evidence of violations of this article found as a result of a warrantless search shall be admissible in any court of law.

Section 16-25-80. Nothing in this article affects or limits the powers of any court to enforce its own orders by civil or criminal contempt or the powers of the police to make other lawful arrests.

Nothing in this article may be construed to repeal, replace, or preclude application of any other provisions of law pertaining to assault, assault and battery, assault and battery of a high and aggravated nature, or other criminal offenses."

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

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1073DW.94).

Amend the Report of the Committee on Judiciary, as and if amended, Page 195- 2, beginning on Line 8, by striking /, and persons cohabitating or formerly cohabiting./ and inserting /, and persons cohabitating cohabiting or formerly cohabitating cohabiting/.

Amend further by adding an appropriately numbered section to read:

/SECTION ___. Section 20-4-20(b) of the 1976 Code is amended to read:

"(b) `Family or household member' means spouses, former spouses, parents and children, and persons related by consanguinity or affinity within the second degree, and persons cohabiting or formerly cohabiting."/

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The SPEAKER granted Rep. RUDNICK a leave of absence for the remainder of the day.

Rep. HODGES continued speaking and moved to adjourn debate upon the Bill until Thursday, March 3, which was adopted.

Rep. MATTOS moved to adjourn debate upon the following Bill until Wednesday, March 2, which was adopted.

S. 947 -- Senators Giese, Passailaigue, Glover, Rose and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-45 SO AS TO PROVIDE THAT THE GOVERNOR'S OFFICE, DIVISION ON AGING SHALL DESIGNATE AREA AGENCIES ON AGING WHO SHALL DESIGNATE AS FOCAL POINTS CERTAIN RECIPIENTS OF FUNDS THROUGH THE DIVISION ON AGING.

Rep. FAIR moved to adjourn debate upon the following Bill until Wednesday, March 2, which was adopted.

H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND

Rep. J. BAILEY moved to adjourn debate upon the following Bill until Tuesday, March 15, which was adopted.

H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE

The following Bill was taken up.

H. 4414 -- Reps. Phillips, Allison, Waites, Rudnick, J. Wilder, Jaskwhich, Walker, Corning, Rogers, Stuart, Waldrop and Gamble: A BILL TO ENACT THE "SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR TRAINING OF SCHOOL FACULTY AND STAFF TO PREVENT STUDENT VIOLENCE, TO INSTITUTE IN EACH SCHOOL CASE MANAGEMENT TEAMS TO WORK AS UNITS ON BEHALF OF STUDENTS DISPLAYING SIGNS OF VIOLENT BEHAVIOR, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO COLLECT DATA IDENTIFYING THE BEST PRACTICES IN DEALING WITH PROBLEMS ASSOCIATED WITH STUDENT VIOLENCE, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PILOT TEST A CLUSTER SCHOOL CONCEPT IN URBAN AND RURAL SETTINGS IN HIGH CRIME AREAS, TOGETHER WITH A SPECIALIZED PROGRAM OF INTERVENTION AND PREVENTION, TO ESTABLISH AN ADVISORY COMMITTEE COMPOSED OF VARIOUS AGENCY REPRESENTATIVES CONVENED BY THE STATE LAW ENFORCEMENT DIVISION TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO CLUSTER SCHOOLS SERVING AS DEMONSTRATION SITES, TO ESTABLISH A STATEWIDE SCHOOLHOUSE SAFETY RESOURCE CENTER AT THE DEPARTMENT OF EDUCATION TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO SCHOOLS REGARDING SCHOOL VIOLENCE AND STRATEGIES FOR COLLABORATING WITH OTHER AGENCIES AND THE COURTS TO PREVENT THIS PROBLEM, TO REQUIRE CONFLICT RESOLUTION STRATEGIES TO BE TAUGHT TO JUVENILES IN CONFINEMENT FACILITIES, TO REQUIRE PARENTS OF CHILDREN IDENTIFIED AS IN NEED OF SERVICES OR COUNSELING TO PARTICIPATE IN CERTAIN CASE MANAGEMENT MEETINGS REGARDING THEIR CHILDREN AT THE REQUEST OF SCHOOL OFFICIALS AND TO PROVIDE PENALTIES FOR FAILURE TO PARTICIPATE, TO REQUIRE

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20348SD.94).

Amend the bill, as and if amended, by striking subsection (B) of SECTION 2 and inserting:

/(B) The centerpiece proposal in the judicial response area referred to in subsection (A) involves the establishment of a `boot camp' approach for confined juveniles as an intermediate sanction for nonviolent offenders. This is designed to provide a short-term intensive intervention program for

(1) protect the public;

(2) provide an intense correctional experience in a strict disciplined and controlled setting emphasizing an environment of work, physical training, and personal development programs to begin a process of change in juveniles attitudes and behaviors;

(3) provide effective post-release community supervision, reinforcing lifestyle changes, and redirecting the juveniles to law abiding, productive lives;

(4) provide restitution to the citizens of this State by means of community service work performed by the juveniles;

(5) build on previous success by incorporating the successful elements of existing programs such as community service, community supervision, and other positive alternatives;

(6) provide flexibility to adapt to the changing characteristics of juvenile offenders; and

(7) provide cost effectiveness through usage of community-based juvenile offender facilities that are less costly than traditional correctional facilities and by serving more juvenile offenders each year because of the shorter period of confinement./

Amend the bill further, as and if amended, by striking Article 1, Chapter 143 of Title 59 of the 1976 Code, as contained in SECTION 3 and inserting:

/

Section 59-143-100.A statewide Schoolhouse Safety Resource Center at the State Department of Education is established in the manner the General Assembly shall provide in the annual general appropriations act. The center's mission, in cooperation with the Southern Region Violence and Substance Abuse Center, is to provide technical assistance and training to all schools regarding violence prevention and intervention, strategies for collaboration with appropriate agencies, crisis management planning, and preparation for using the judicial system. The center also shall disseminate information on the best practices in dealing with school crime. The State Department of Education, with the approval of the board of trustees of the applicable schools, shall establish regional networks of model schools to serve as facilitators for assisting other schools with comprehensive planning and training to prevent school violence after the conclusion of the three-year pilot project provided for in this chapter.

(1) the best practices for addressing the problems associated with student violence together with documented evidence of best practices as contained in appropriate literature and research;

(2) the best practices for addressing student violence in traditional school programs in this State including alternatives to suspension and expulsion; and

(3) effective initiatives in prevention and intervention including truancy prevention and a review of the Education Improvement Act attendance requirements.

Section 59-143-120.Based on the findings of the evaluation provided for in Section 59-143-110, the State Department of Education, through the Schoolhouse Safety Resource Center shall provide statewide school administrator training in the best practices for addressing student violence. The State Department of Education shall develop or select professional programs for faculty and designated staff of all schools to be trained in appropriate techniques, practices, and behavior to prevent student violence. Nonviolent problem solving curricula must be used in the professional development of the faculty and staff within a school to be applied in areas including, but not limited to:

(1) more effective adult interactions with students;

(2) adult modeling of nonviolent behaviors when problems erupt;

(3) expansion of wellness components in the comprehensive health curriculum promoting nonviolent living skills and other appropriate violence prevention approaches; and

(4) differentiation between acceptable student behavior and unacceptable behavior.

In implementing the provisions of this section, equal emphasis shall be placed in elementary, middle, and high schools.

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