Printed Page 7790, June 1
| Printed Page 7810, June 1
|
Printed Page 7790, June 1
| Printed Page 7810, June 1
| Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/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, persons who have a child in common, and persons cohabitating a male and female who are cohabiting or formerly cohabitating have cohabited.
Section 16-25-20. It is unlawful to: (1) Cause cause physical harm or injury to his or her family or a person's own household member, (2) offer or attempt to cause physical harm or injury to his or her family or a person's own 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 the misdemeanor of criminal domestic violence and, upon conviction, must be punished by a fine of fined not more than two five hundred dollars or imprisonment of imprisoned 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 two violations of Section 16-25-20 or two violations of Section 16-25-65 or a violation of Section 16-25-20 and a violation of Section 16-25-65 is guilty of a misdemeanor and, upon conviction, must be punished upon conviction by a fine of fined not more than three thousand dollars or by imprisonment for imprisoned 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 Act' is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for must be imprisoned not more than thirty days or by
Section 16-25-60. (A) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter shall appear before a judge for disposition of the case.
(B) When a person is convicted of a violation of Section 16-25-20 or 16-25-50, 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.
(C) 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 and this section;
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(D) 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,
upon conviction, must be fined not more than three thousand dollars or
imprisoned not more than ten 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 committed any misdemeanor or felony under the provisions of Sections 16-25-20, or 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.
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. Section 20-4-20(b) of the 1976 Code is amended to read:
"(b) `Family or household Household member' means spouses, former spouses, parents and children, and persons related by consanguinity or affinity within the second degree, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited."
SECTION 3. Section 20-4-20(f) of the 1976 Code is amended to read:
"(f) `Order of protection' means an order of protection issued to protect the petitioner or minor family or household members from the abuse of another family or household member where the respondent has received notice of the proceedings and has had an opportunity to be heard."
SECTION 4. Section 20-4-40 of the 1976 Code is amended to read:
(a) A petition for relief under this section may be made by any family or household members in need of protection or by any family or household members on behalf of minor family or household members.
(b) A petition for relief must allege the existence of abuse to a family or household member. It must state the specific time, place, details of the abuse, and other facts and circumstances upon which relief is sought and must be verified.
(c) The petition must inform the respondent of the right to retain counsel.
(d) In a pending action for divorce or separate support and maintenance, the petition for relief shall be brought in the form of a motion for further relief and shall be served on counsel of record, if any. Where no action is pending, the petition shall be filed and served as an independent action.
(e) The clerk of court must provide simplified forms which will facilitate the preparation and filing of a petition under this section by any person not represented by counsel, including motions and affidavits to proceed in forma pauperis."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Robert W. Hayes, Jr./s/James H. Hodges
/s/Holly A. Cork /s/Paula H. Thomas
/s/Greg Smith /s/Robert W. Harrell, Jr.
On Part of the Senate.On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. HARRISON moved that the House recur to the Morning Hour.
Rep. CROMER demanded the yeas and nays, which were taken resulting as
follows:
Alexander, T.C. Askins Bailey, G. Bailey, J. Barber Baxley Breeland Brown, H. Canty Cato Chamblee Corning Davenport Delleney Fulmer Gonzales Govan Hallman Harrell Harris, J. Harrison Haskins Hines Holt Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Koon Law Littlejohn Marchbanks Meacham Neilson Quinn Richardson Riser Robinson Rudnick Sharpe Shissias Smith, D. Smith, R. Stone Stuart Thomas Trotter Vaughn Waites Walker Whipper Wilkes Witherspoon Wofford Wright
Those who voted in the negative are:
Allison Anderson Baker Byrd Carnell Cromer Elliott Fair Felder Gamble Harrelson Harris, P. Kennedy Kinon Kirsh Lanford Mattos McCraw McElveen McMahand Phillips Rhoad Rogers Scott Sheheen Simrill Snow Spearman Stille Stoddard Tucker Wells Wilder, D. Wilkins Worley Young, A.
So, the motion was agreed to.
The following was received. Columbia, S.C., June 1, 1994 Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hayes, Cork and Greg Smith of the Committee of Free Conference on the part of the Senate on S. 195 and granted Free Conference Powers: 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 "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING". Very respectfully, President
Received as information.
The following was received. Columbia, S.C., June 1, 1994 Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 195: 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
Received as information.
The following was received. Columbia, S.C., June 1, 1994 Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1196: S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES. Very respectfully, President
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
On motion of Rep. T.C. ALEXANDER the House non-concurred in the Senate amendments, and a message was ordered sent to the Senate accordingly.
S. 927 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Short, Washington, Rose, Leventis, Wilson, Rankin and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE.
The following was received. Columbia, S.C., June 1, 1994 Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 797: S. 797 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-5 SO AS TO PROVIDE A REFERENCE TO AND THE PURPOSES OF THE "SOUTH CAROLINA GASOLINE, LUBRICATING OILS, AND OTHER PETROLEUM PRODUCTS ACT", SECTION 39-41-185 SO AS TO PROVIDE LABELING REQUIREMENTS FOR MOTOR FUEL RETAIL DEALERS, AND SECTION 39-41-195 SO AS TO PROVIDE ADMINISTRATIVE PENALTIES; TO AMEND SECTION 39-41-10, RELATING TO THE DEFINITION OF PETROLEUM, SO AS TO INCLUDE OXYGENATED COMPOUND BLENDS; TO AMEND SECTION 39-41-20, RELATING TO PETROLEUM ANALYSTS, CHEMISTS, AND INSPECTORS, SO AS TO PROVIDE FOR STOP-SALE ORDERS BY THE COMMISSIONER OF AGRICULTURE; TO AMEND SECTION 39-41-50, RELATING TO FILING REQUIREMENTS FOR PETROLEUM MANUFACTURERS, WHOLESALERS, AND JOBBERS, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PENALTY; TO AMEND SECTION 39-41-160, RELATING TO CRIMINAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE
Very respectfully, President
Received as information.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5258 -- Reps. Kelley, A. Young, Keegan, Simrill, Shissias, Fulmer, Kennedy, Thomas, Sharpe, Witherspoon, Littlejohn, Harrison, Riser, Corning, Wells, Baxley, McAbee, Carnell, McKay, G. Bailey, Stille, Barber, Worley, Richardson, Walker, Stone, J. Harris, Stuart, Delleney, Lanford, Meacham, D. Smith, Huff and Fair: A HOUSE RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO REFRAIN FROM INCLUDING EMPLOYER MANDATES AS PART OF ANY HEALTH CARE REFORM LEGISLATION.
Ordered for consideration tomorrow.
The following was introduced:
H. 5264 -- Rep. Harrell: A HOUSE RESOLUTION AUTHORIZING THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO APPOINT THE PERSON WHO OTHERWISE WOULD BE ELECTED BY THE HOUSE TO SERVE UNDER THE TERMS OF S.1196 OF 1994 (RELATING TO THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS), AND PROVIDING FOR THE SERVICE OF SUCH PERSON.
Be it resolved by the House of Representatives:
That following the ratification by the General Assembly of S.1196 of 1994 and approval by the Governor (relating to the creation of a redevelopment authority to acquire and dispose of federal military installations) and the Governor's creation of the redevelopment authority
The Resolution was adopted.
The following was introduced:
H. 5265 -- Reps. Farr and D. Wilder: A HOUSE RESOLUTION CONGRATULATING UNION HIGH SCHOOL ON CAPTURING ITS SIXTH CONSECUTIVE NATIONAL SHOOTING CROWN BY WINNING THE SCHOLASTIC CATEGORY OF THE 1994 NATIONAL NRA JUNIOR THREE POSITION SMALLBORE RIFLE CHAMPIONSHIPS, ITS SECOND NATIONAL SCHOLASTIC AIR RIFLE CHAMPIONSHIP, AND ITS EIGHTH PRESIDENT'S AWARD.
The Resolution was adopted.
The following was introduced:
H. 5266 -- Rep. Townsend: A HOUSE RESOLUTION TO COMMEND MRS. MOLLIE M. HOLLIDAY OF ANDERSON UPON HER THIRTIETH ANNIVERSARY WITH THE LAW FIRM OF CHAPMAN, KING, AND BYRHOLDT AND FOR HER DEDICATION AND MANY ACCOMPLISHMENTS WHILE ASSOCIATED WITH THIS FINE FIRM.
The Resolution was adopted.
The following was introduced:
H. 5267 -- Rep. Quinn: A HOUSE RESOLUTION TO CONGRATULATE SPECIALIST RAYMOND G. STRAWBRIDGE OF
The Resolution was adopted.
Printed Page 7790, June 1
| Printed Page 7810, June 1
|