2001-2002 Bill 60: Criminal Domestic Violence of High and Aggravated Nature, Violent Crime;
BIL:60
TYP:General Bill GB
INB:Senate
IND:20010110
PSP:Ford
SPO:Ford, Richardson, Elliott, Leventis, Branton, Ritchie
DDN:l:\s-res\rf\028viol.jh.doc
RBY:House
COM:Judiciary Committee 25 HJ
LAD:20010322
SUB:Criminal domestic violence of high and aggravated nature, violent crime; Domestic Relations, Crimes and Offenses
HST:
BodyDateAction DescriptionComLeg Involved
______
House20010328Introduced, read first time,25 HJ
referred to Committee
------20010326Scrivener's error corrected
Senate20010322Amended, read third time,
sent to House
Senate20010315Amended, read second time,
notice of general amendments
Senate20010315Committee amendment adopted
Senate20010314Committee report: Favorable with11 SJ
amendment
Senate20010314Co-Sponsor added by SenatorRitchie
Senate20010110Introduced, read first time,11 SJ
referred to Committee
Versions of This Bill
Revised on 20010314
Revised on 20010315
Revised on 20010322
Revised on 20010326
TXT:
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
March 22, 2001
S.60
Introduced by Senators Ford, Richardson, Elliott, Leventis, Branton and Ritchie
S. Printed 3/22/01--S.[SEC 3/26/01 10:00 AM]
Read the first time January 10, 2001.
[60-1]
A BILL
TO AMEND SECTION 16160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE AS A VIOLENT CRIME CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION1.Section 16160 of the 1976 Code is amended to read:
“Section 16160.For purposes of definition under South Carolina law, a violent crime includes the offenses of murder (Section 16310); criminal sexual conduct in the first and second degree (Sections 163652 and 163653); criminal sexual conduct with minors, first and second degree (Section 163655); assault with intent to commit criminal sexual conduct, first and second degree (Section 163656); assault and battery with intent to kill (Section 163620); kidnapping (Section 163910); voluntary manslaughter (Section 16350); armed robbery (Section 1611330(A)); attempted armed robbery (Section 1611330(B)); carjacking (Section 1631075); drug trafficking as defined in Sections 4453370(e) and 4453375(C); arson in the first degree (Section 1611110(A)); arson in the second degree (Section 1611110(B)); burglary in the first degree (Section 1611311); burglary in the second degree (Section 1611312 (B)); engaging a child for a sexual performance (Section 163810); homicide by child abuse (Section 16385(A)(1)); aiding and abetting homicide by child abuse (Section 16385(A)(2)); criminal domestic violence of a high and aggravated nature (Section 162565); accessory before the fact to commit any of the above offenses (Section 16140); and attempt to commit any of the above offenses (Section 16180). Only those offenses specifically enumerated in this section are considered violent offenses.”
SECTION2. Section 16-25-65 of the 1976 Code is amended to read:
“Section 162565.(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 162520 and the elements of assault and battery of a high and aggravated nature are present.It is unlawful to: (1) cause great bodily injury to a person’s own household member, or (2) offer or attempt to cause great bodily injury to a person’s own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
(B)A person who commits the crime of criminal domestic violence of a high and aggravated nature is guilty of a misdemeanorviolates the provisions of subsection (A) is guilty of the offense of criminal domestic violence of a high and aggravated nature, a felony, and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than ten years, or both.
(C)The provisions of this section 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 natureFor purposes of this section, ‘great bodily injury’ meansbodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
SECTION3.Section 162570(H) of the 1976 Code, as last amended by Act 120 of 1997, is further amended to read:
“(H) No evidence other than evidence of violations of this article found as a result of a warrantless search is admissible in a court of law 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.”
SECTION4. The repeal or amendment by this act of any law, whether temporary or permanent, 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 expressly so provides. 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.
SECTION5.This act takes effect upon approval by the Governor.
XX
[60]1