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A92, R142, S477
STATUS INFORMATION
General Bill
Sponsors: Senators Ritchie, Ford, Leventis and Richardson
Document Path: l:\s-jud\bills\ritchie\jud0052.jhr.doc
Companion/Similar bill(s): 304, 368, 3253
Introduced in the Senate on March 12, 2003
Introduced in the House on April 16, 2003
Last Amended on June 5, 2003
Passed by the General Assembly on June 5, 2003
Governor's Action: August 27, 2003, Signed
Summary: Domestic Violence Protection Act of 2003
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/12/2003 Senate Introduced and read first time SJ-3
3/12/2003 Senate Referred to Committee on Judiciary SJ-3
4/9/2003 Senate Committee report: Favorable with amendment Judiciary
SJ-22
4/10/2003 Senate Amended SJ-17
4/10/2003 Senate Read second time SJ-17
4/14/2003 Scrivener's error corrected
4/15/2003 Senate Read third time and sent to House SJ-55
4/16/2003 House Introduced and read first time HJ-6
4/16/2003 House Referred to Committee on Judiciary HJ-6
5/28/2003 House Committee report: Favorable with amendment Judiciary
HJ-75
5/29/2003 Scrivener's error corrected
6/3/2003 Scrivener's error corrected
6/3/2003 House Requests for debate-Rep(s). Altman and Scarborough HJ-79
6/3/2003 House Debate interrupted HJ-79
6/3/2003 House Requests for debate-Rep(s). Moody-Lawrence and Scott
HJ-89
6/3/2003 House Amended HJ-89
6/3/2003 House Rejected HJ-93
6/3/2003 House Reconsider vote whereby rejected HJ-147
6/3/2003 House Amended HJ-149
6/3/2003 House Read second time HJ-154
6/4/2003 House Read third time and returned to Senate with amendments
HJ-13
6/4/2003 Senate Non-concurrence in House amendment SJ-25
6/4/2003 House House insists upon amendment and conference committee
appointed Reps. Lucas, GM Smith and Coleman HJ-156
6/5/2003 Senate Conference committee appointed Ritchie, Knotts and Ford
SJ-174
6/5/2003 Senate Conference report received and adopted SJ-174
6/5/2003 House Conference report received and adopted HJ-253
6/5/2003 Senate Ordered enrolled for ratification SJ-174
6/5/2003 Ratified R 142
8/27/2003 Signed By Governor
9/3/2003 Effective date 01/01/04
9/3/2003 Copies available
9/18/2003 Act No. 92
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
3/12/2003
4/9/2003
4/10/2003
4/14/2003
5/28/2003
5/29/2003
6/3/2003
6/3/2003-A
6/4/2003
6/5/2003
(A92, R142, S477)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE "HOUSEHOLD MEMBER"; TO REVISE PENALTIES FOR SUBSEQUENT CRIMINAL DOMESTIC VIOLENCE OFFENSES COMMITTED WITHIN TEN YEARS; TO ESTABLISH A MANDATORY NINETY DAY MINIMUM SENTENCE FOR PERSONS CONVICTED OF MORE THAN TWO CRIMINAL DOMESTIC VIOLENCE OFFENSES WITHIN TEN YEARS; TO SPECIFY THE ELEMENTS OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, TO MAKE THIS OFFENSE A FELONY, AND TO RESTRICT THE PUNISHMENT FOR THIS OFFENSE TO IMPRISONMENT ONLY; TO REQUIRE A LAW ENFORCEMENT AGENCY TO INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF THE AGENCY WAS NOT NOTIFIED AT THE TIME OF THE VIOLATION; TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A LAW ENFORCEMENT OFFICER IS NOT REQUIRED TO MAKE AN ARREST FOR CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 17-22-50, RELATING TO PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON MUST NOT BE CONSIDERED FOR INTERVENTION IF THE PERSON HAS BEEN CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE IF THE PERSON HAD PREVIOUSLY BEEN CONVICTED OF SUCH AN OFFENSE; TO AMEND SECTION 56-7-15, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO REQUIRE AN OFFICER WHO EFFECTS AN ARREST, BY USE OF A UNIFORM TRAFFIC TICKET, FOR A CRIMINAL DOMESTIC VIOLENCE VIOLATION TO SUBSEQUENTLY COMPLETE AND FILE AN INCIDENT REPORT WITHIN FIFTEEN DAYS OF THE ISSUANCE OF THE TICKET; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGMENT OF RECORDS FOR FIRST OFFENSE CONVICTIONS IN MAGISTRATE OR MUNICIPAL COURT, SO AS TO AUTHORIZE EXPUNGEMENT OF RECORDS FOR FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE; TO ADD ARTICLE 21 TO CHAPTER 1, TITLE 1 SO AS TO REQUIRE ALL STATE AGENCIES TO DEVELOP A WORKPLACE DOMESTIC VIOLENCE POLICY; TO ADD SECTION 59-1-475 SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION AND THE SOUTH CAROLINA COALITION AGAINST DOMESTIC VIOLENCE AND SEXUAL ASSAULT WITH THE APPROVAL OF THE DEPARTMENT OF SOCIAL SERVICES, TO DEVELOP MATERIALS FOR DOMESTIC VIOLENCE CONTINUING EDUCATION WHICH SCHOOL DISTRICTS MUST PROVIDE TO TEACHERS AND STAFF; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE FORMULA FOR DETERMINING ANNUAL ALLOCATIONS TO EACH SCHOOL DISTRICT AND WEIGHTINGS USED TO PROVIDE FOR RELATIVE COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO INCLUDE PUPILS WHO RESIDE IN EMERGENCY SHELTERS IN WEIGHTINGS FOR THE HOMEBOUND PROGRAM; TO AMEND SECTION 59-63-31, AS AMENDED, RELATING TO AUTHORIZING STUDENTS TO ATTEND SCHOOL IN A CERTAIN SCHOOL DISTRICT WITHOUT CHARGE, SO AS TO ALLOW A CHILD WHO RESIDES IN AN EMERGENCY SHELTER TO ATTEND A SCHOOL IN THE DISTRICT WHERE THE SHELTER IS LOCATED; TO AMEND SECTION 20-4-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE THE DEFINITION OF "HOUSEHOLD MEMBER"; TO ADD SECTION 43-1-260 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO FACILITATE THE DEVELOPMENT OF COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS IN EACH COUNTY OR MULTI-COUNTY AREA BASED UPON PUBLIC-PRIVATE SECTOR COLLABORATION AND TO PROVIDE FOR THE PURPOSE, DUTIES, AND MEMBERSHIP OF THE COUNCILS; AND TO ADD SECTION 20-7-3080 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO MAKE STAFF TRAINING ON DOMESTIC VIOLENCE AVAILABLE TO CHILDCARE FACILITY OWNERS AND OPERATORS.
Be it enacted by the General Assembly of the State of South Carolina:
Act citation
SECTION 1. This act may be cited as the "Domestic Violence Prevention Act of 2003".
Violent crimes
SECTION 2. Section 16-1-60 of the 1976 Code, as last amended by Act 176 of 2002, is further amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking, as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); criminal domestic violence of a high and aggravated nature (Section 16-25-65); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); accessory before the fact to commit any of the above offenses (Section 16-1-40); attempt to commit any of the above offenses (Section 16-1-80); and taking of a hostage by an inmate (Section 24-13-450). Only those offenses specifically enumerated in this section are considered violent offenses."
Criminal domestic violence
SECTION 3. Article 1, Chapter 25 of Title 16 of the 1976 Code is amended to read:
Section 16-25-10. As used in this article, 'household member' means spouses, former spouses, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited.
Section 16-25-20. (A) It is unlawful to:
(1) cause physical harm or injury to a person's own household member; or
(2) offer or attempt to cause physical harm or injury to a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
(B) Except as otherwise provided in this section, a person who violates subsection (A) is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers.
(C) A person who violates subsection (A) and who has been convicted of a violation of that subsection or of Section 16-25-65 within the previous ten years is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars and imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers.
(D) A person who violates subsection (A) after previously having been convicted of two violations of subsection (A) within the previous ten years or two violations of Section 16-25-65 within the previous ten years or a violation of subsection (A) and a violation of Section 16-25-65 within the previous ten years is guilty of a misdemeanor and, upon conviction, must be imprisoned not less than ninety days but not more than three years. The court may suspend the imposition or execution of all or part of the sentence, except the mandatory ninety-day minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers.
(E) A person who violates the terms and conditions of an order of protection issued in this State under Chapter 4, Title 20, the 'Protection from Domestic Abuse Act', or a valid protection order related to domestic or family violence issued by a court of another state, tribe, or territory is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days and fined not more than five hundred dollars. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers.
A person convicted of a violation of subsection (A) and this subsection must not be sentenced under both sections for the same offense. A person convicted of a violation of Section 16-25-65 and this subsection for the same offense must be imprisoned for not more than ten years as provided for in Section 16-25-65.
(F) 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 must appear before a judge for disposition of the case.
(G) When a person is convicted of a violation of Section 16-25-65 or sentenced pursuant to subsection (D), the court may suspend execution of all or part of the sentence, except for the mandatory minimum sentence, and place the offender on probation, conditioned upon:
(1) the offender completing, to the satisfaction of the court, a program designed to treat batterers;
(2) fulfillment of all the obligations arising under court order pursuant to this section and Section 16-25-65; and
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(H) 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.
An offender who participates in a batterer treatment program pursuant to this section, must participate in a program offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay.
Section 16-25-65. (A) A person who violates Section 16-25-20(A) is guilty of the offense of criminal domestic violence of a high and aggravated nature when one of the following occurs:
(1) the person intentionally commits an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim; or
(2) the person intentionally commits an assault, with or without an accompanying battery, which would reasonably cause a person to fear imminent serious bodily injury or death.
(B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. The court may suspend the imposition or execution of all or part of the sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program, but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay.
(C) The provisions of subsection (A) create a statutory offense of criminal domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature.
Section 16-25-70. (A) A law enforcement officer may arrest, with or without a warrant, a person at the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20(A) or (E), 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 law enforcement agency. A law enforcement agency must complete an investigation of an alleged violation of this chapter even if the law enforcement agency was not notified at the time the alleged violation occurred. If an arrest warrant is sought, the law enforcement agency must present the results of the investigation and any other relevant evidence to a magistrate who may issue an arrest warrant if probable cause is established.
(B) A law enforcement officer must arrest, with or without a warrant, a person at the person's place of residence or elsewhere if physical manifestations of injury to the alleged victim are present and the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-30(A) or (E), or 16-25-65 even if the act did not take place in the presence of the officer. A law enforcement officer is not required to make an arrest if he determines probable cause does not exist after consideration of the factors set forth in subsection (D) and observance that no physical manifestation of injury is present. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate law enforcement agency.
(C) 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 a family or household member.
(D) If a law enforcement officer receives conflicting complaints of domestic or family violence from two or more household members involving an incident of domestic or family violence, the officer must evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer must not arrest the other person accused of having committed domestic or family violence. In determining whether a person is the primary aggressor, the officer must consider the following factors and any other factors he considers relevant:
(1) prior complaints of domestic or family violence;
(2) the relative severity of the injuries inflicted on each person taking into account injuries alleged which may not be easily visible at the time of the investigation;
(3) the likelihood of future injury to each person;
(4) whether one of the persons acted in self-defense; and
(5) household member accounts regarding the history of domestic violence.
(E) A law enforcement officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage a party's requests for intervention by law enforcement.
(F) A law enforcement officer who arrests two or more persons for a crime involving domestic or family violence must include the grounds for arresting both parties in the written incident report, and must include a statement in the report that the officer attempted to determine which party was the primary aggressor pursuant to this section and was unable to make a determination based upon the evidence available at the time of the arrest.
(G) When two or more household members are charged with a crime involving domestic or family violence arising from the same incident and the court finds that one party was the primary aggressor pursuant to this section, the court, if appropriate, may dismiss charges against the other party or parties.
(H) Evidence discovered as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in a court of law:
(1) if it is found:
(a) in plain view of a law enforcement officer in a room in which the officer is interviewing, detaining, or pursuing a suspect; or
(b) pursuant to a search incident to a lawful arrest for a violation of this article or for a violation of Chapter 3, Title 16; or
(2) if it is evidence of a violation of this article.
An officer may arrest and file criminal charges against a suspect for any offense that arises from evidence discovered pursuant to this section.
Unless otherwise provided for in this section, no evidence of a crime found as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in any court of law.
(I) In addition to the protections granted to the law enforcement officer and law enforcement agency under the South Carolina Tort Claims Act, a law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness.
Section 16-24-80. 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 16-25-90. Notwithstanding any provision of Chapters 13 and 21 of Title 24, and notwithstanding any other provision of law, an inmate who was convicted of, or pled guilty or nolo contendere to, an offense against a household member is eligible for parole after serving one-fourth of his prison term when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against the household member, or in post-conviction proceedings pertaining to the plea or conviction, presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the household member. This section shall not affect the provisions of Section 17-27-45."
Pretrial intervention
SECTION 4. Section 17-22-50 of the 1976 Code is amended to read:
"Section 17-22-50. (A) A person must not be considered for intervention if:
(1) he previously has been accepted into an intervention program; or
(2) the person is charged with:
(a) blackmail;
(b) driving under the influence of intoxicating liquor or drugs; (c) a traffic-related offense which is punishable only by fine or loss of points;
(d) a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1020;
(e) a crime of violence as defined in Section 16-1-60; or
(f) an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.
(B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."
Uniform traffic tickets
SECTION 5. Section 56-7-15 of the 1976 Code is amended to read:
"Section 56-7-15. (A) The uniform traffic ticket, established under the provisions of Section 56-7-10, may be used by law enforcement officers to arrest a person for an offense committed in the presence of a law enforcement officer if the punishment is within the jurisdiction of magistrate's court and municipal court. A law enforcement agency processing an arrest made pursuant to this section must furnish such information to the State Law Enforcement Division as required in Chapter 3 of Title 23.
(B) An officer who effects an arrest, by use of a uniform traffic ticket, for a violation of Chapter 25 of Title 16, must subsequently complete and file an incident report within fifteen days of the issuance of the ticket."
Expungement of records
SECTION 6. Section 22-5-910 of the 1976 Code, as last amended by Act 37 of 1997, is further amended to read:
"Section 22-5-910. Following a first offense conviction in a magistrate's court or a municipal court, the defendant after three years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, or to an offense contained in Chapter 25 of Title 16, except first offense criminal domestic violence as contained in Section 16-25-20. If the defendant has had no other conviction during the three-year period following the first offense conviction in a magistrate's court or a municipal court, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred prior to June 1, 1992.
After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."
Workplace domestic violence policy
SECTION 7. Chapter 1, Title 1 of the 1976 Code is amended by adding:
Section 1-1-1410. Every state agency, based upon guidelines developed by the Office of Human Resources, State Budget and Control Board, shall develop and implement an agency workplace domestic violence policy which must include, but is not limited to, a zero tolerance policy statement regarding acts or threats of domestic violence in the workplace and safety and security procedures."
Continuing education on domestic violence
SECTION 8. The 1976 Code is amended by adding:
"Section 59-1-475. (A) The Department of Education and the South Carolina Coalition Against Domestic Violence and Sexual Assault, with the review and approval of Department of Social Services, shall develop guidelines and materials for continuing education concerning domestic and family violence including, but not limited to:
(1) the nature, extent, and causes of domestic and family violence;
(2) issues of domestic and family violence concerning children;
(3) prevention of the use of violence by children;
(4) sensitivity to gender bias and cultural, racial, and sexual issues;
(5) the lethality of domestic and family violence;
(6) legal issues relating to domestic violence and child custody.
(B) Each school district shall adopt a curriculum for continuing education on domestic and family violence for teachers and appropriate staff based on the guidelines and materials developed by the department pursuant to subsection (A) which must be submitted to the department for approval. No expense shall be incurred by the school districts to administer the implementation of this curriculum."
Children in emergency shelters and school weightings
SECTION 9. Section 59-20-40(1)(c)(9) of the 1976 Code is amended to read:
"(9) Homebound pupils 2.10
a. pupils who are homebound
b. pupils who reside in emergency shelters"
School attendance where emergency shelters located
SECTION 10. Section 59-63-31(A) of the 1976 Code, as amended by Act 104 of 1999, is further amended to read:
"(A) Children within the ages prescribed in Section 59-63-20 also are entitled to attend the public schools of a school district, without charge, if:
(1) the child resides with one of the following who is a resident of the school district:
(a) a person who is not the child's parent or legal guardian to whom the child's custody has been awarded by a court of competent jurisdiction;
(b) a foster parent or in a residential community-based care facility licensed by the Department of Social Services or operated by the Department of Social Services or the Department of Juvenile Justice; or
(c) the child resides with an adult resident of the school district as a result of:
(i) the death, serious illness, or incarceration of a parent or legal guardian;
(ii) the relinquishment by a parent or legal guardian of the complete control of the child as evidenced by the failure to provide substantial financial support and parental guidance;
(iii) abuse or neglect by a parent or legal guardian;
(iv) the physical or mental condition of a parent or legal guardian is such that he or she cannot provide adequate care and supervision of the child; or
(v) a parent's or legal guardian's homelessness, as that term is defined by Public Law 100-77;
(2) the child is emancipated and resides in the school district;
(3) the child is homeless or is a child of a homeless individual, as defined in Public Law 100-77, as amended; or
(4) the child resides in an emergency shelter located in the district.
In addition to the above requirements of this subsection, the child shall also satisfy the requirements of Section 59-63-30(d) and (e)."
Definition revised
SECTION 11. Section 20-4-20(b) of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"(b) 'Household member' means spouses, former spouses, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited."
Community domestic violence coordinating councils
SECTION 12. Chapter 1, Title 43 of the 1976 Code is amended by adding:
"Section 43-1-260. (A) The Department of Social Services shall facilitate the development of community domestic violence coordinating councils in each county or multi-county area based upon public-private sector collaboration.
(B) The purpose of a domestic violence coordinating council is to:
(1) increase the awareness and understanding of domestic violence and its consequences;
(2) reduce the incidence of domestic violence in the county or area served;
(3) enhance and ensure the safety of battered women and their children.
(C) The duties and responsibilities of a domestic violence coordinating council include, but are not limited to:
(1) promoting effective strategies of intervention for identifying the existence of domestic violence and for intervention by public and private agencies;
(2) establishing interdisciplinary and interagency protocols for intervention with survivors of domestic violence;
(3) facilitating communication and cooperation among agencies and organizations that are responsible for addressing domestic violence;
(4) monitoring, evaluating, and improving the quality and effectiveness of domestic violence services and protections in the community;
(5) providing public education and prevention activities;
(6) providing professional training and continuing education activities.
(D) Membership on a domestic violence coordinating council may include, but is not limited to, representatives from magistrates court, family court, law enforcement, solicitor's office, probation and parole, batterer intervention programs or services, nonprofit battered women's program advocates, counseling services for children, legal services, victim assistance programs, the medical profession, substance abuse counseling programs, the clergy, survivors of domestic violence, and the education community.
(E) Each coordinating council is responsible for generating revenue for its operation and administration."
Daycare staff training on domestic violence
SECTION 13. Subarticle 11, Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-3080. The Department of Social Services in conjunction with existing training regulations shall make available to childcare owners and operators staff training on domestic violence including, but not limited to:
(1) the nature, extent, and causes of domestic and family violence;
(2) issues of domestic and family violence concerning children;
(3) prevention of the use of violence by children;
(4) sensitivity to gender bias and cultural, racial, and sexual issues;
(5) the lethality of domestic and family violence;
(6) legal issues relating to domestic violence and child custody."
Savings Clause
SECTION 14. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Time effective
SECTION 15. This act takes effect January 1, 2004, and applies to all offenses occurring on or after that date.
Ratified the 5th day of June, 2003.
Approved the 27th day of August, 2003.
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