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COMMITTEE REPORT
May 21, 2008
H. 5001
Introduced by Reps. Owens, Hiott, F.N. Smith, Cotty, Haley, Simrill, Merrill, Spires, M.A. Pitts, Skelton, E.H. Pitts, Bedingfield, Kirsh, Mitchell, Perry, D.C. Smith, J.R. Smith, Erickson, Crawford, Daning, Leach, Ballentine, Bowen, Brantley, Cato, Clemmons, Clyburn, Cobb-Hunter, Dantzler, Duncan, Hamilton, Hardwick, Hosey, Jefferson, Kelly, Lowe, Mack, Moss, J.M. Neal, Rice, Scarborough, Shoopman, G.R. Smith, Taylor, Umphlett, Vick, Walker, White, Witherspoon and Young
S. Printed 5/21/08--S.
Read the first time April 30, 2008.
To whom was referred a Bill (H. 5001) to amend the Code of Laws of South Carolina, 1976, by adding Section 16-25-125 so as to create the offense of trespass upon the grounds or structure, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
Majority favorable. Minority unfavorable.
LARRY A. MARTIN JOHN D. HAWKINS
For Majority. For Minority.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-125 SO AS TO CREATE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO A WARRANTLESS ARREST OR SEARCH WHEN A PERSON IS BELIEVED TO HAVE COMMITTED A CRIMINAL DOMESTIC VIOLENCE OFFENSE, SO AS TO CLARIFY A WARRANTLESS ARREST OR SEARCH MAY BE UNDERTAKEN BY LAW ENFORCEMENT WHEN THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-125. (A) For purposes of this section:
(1) 'Domestic violence shelter' means a facility whose purpose is to serve as a shelter to receive and house persons who are victims of criminal domestic violence and that provides services as a shelter.
(2) 'Grounds' means the real property of the parcel of land upon which a domestic violence shelter is located, whether fenced or unfenced.
(B) A person who has been charged with or who has been convicted of a violation of Section 16-25-20 or Section 16-25-65 or who is subject to an order of protection issued pursuant to Chapter 4 of Title 20 whose household member, as defined in Section 16-25-10, resides in a domestic violence shelter, who does not have legitimate business or any authorization, license, or invitation to enter or remain upon the grounds or structure of a domestic violence shelter and who enters or remains upon the grounds or structure of the shelter commits a trespass upon the grounds or structure of a domestic violence shelter and is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both."
SECTION 2. Section 16-25-70(A) of the 1976 Code, as last amended by Act 92 of 2003, is further amended to read:
"(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 pursuant to the provisions of Section 16-25-20(A) or (E), or 16-25-65, or 16-25-125(B) 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 probable cause related to a violation pursuant to the provisions of this chapter 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."
SECTION 3. Section 16-25-120(D) of the 1976 Code, as added by Act 166 of 2005, is amended to read:
"(D) At the bond hearing pursuant to the provisions of this section or another provision of law, the court shall inform in writing the person charged with a violation of Article 1, Chapter 25, Title 16 of his right to obtain counsel and, if indigent, his right to court-appointed counsel along with instructions on how to obtain court-appointed counsel. If the court decides to release the person pending his trial, the court shall inform the person in writing that if his household member, as defined in Section 16-25-20, is living in a domestic violence shelter, as defined in Section 16-25-125, and he trespasses onto the property of that domestic violence shelter, he could be charged with a violation of Section 16-25-125(B), which is a felony, and upon conviction of that charge, he could be fined up to five thousand dollars, imprisoned up to five years, or both."
SECTION 4. 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.
SECTION 5. This act takes effect upon approval by the Governor.
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