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1 South Carolina General Assembly 2 121st Session, 2015-2016 3 4 H. 3433 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Erickson, Weeks, CobbHunter, McCoy, Douglas, Kennedy, Long, Lucas, M.S. McLeod, 10 Ridgeway, Tallon, Thayer, Felder, Pope, J.E. Smith, King, Howard, Parks, Ott, Jefferson, Bernstein, 11 Rivers, Southard, Tinkler, Henegan, Kirby, Bales, Neal, Henderson, Herbkersman, Merrill, G.R. Smith, 12 Bradley, Bannister, H.A. Crawford, Newton, Clemmons, Nanney, Wells, Quinn, Whitmire, Bingham, 13 Stringer, Atwater, Hicks, Mitchell, Funderburk, Norrell, Knight, Sandifer, Gilliard, R.L. Brown, Whipper 14 and W.J. McLeod 15 Document Path: l:\council\bills\ms\7077ahb15.docx 16 Companion/Similar bill(s): 3 17 18 Introduced in the House on January 27, 2015 19 Introduced in the Senate on April 21, 2015 20 Last Amended on April 16, 2015 21 Currently residing in the Senate Committee on Judiciary 22 23 Summary: Domestic Violence Reform Act 24 25 26 HISTORY OF LEGISLATIVE ACTIONS 27 28 Date Body Action Description with journal page number 29 1/27/2015 House Introduced and read first time ( House Journalpage 25) 30 1/27/2015 House Referred to Committee on Judiciary ( House Journalpage 25) 31 1/28/2015 House Member(s) request name added as sponsor: Felder 32 2/3/2015 House Member(s) request name added as sponsor: Pope, J.E.Smith, King, Howard, Parks, 33 Ott, Jefferson, Bernstein, Rivers, Southard, Tinkler, Henegan, Kirby, Bales, Neal, 34 Henderson, Herbkersman, Merrill, G.R.Smith, Bradley, Bannister, H.A.Crawford, 35 Newton, Clemmons, Nanney, Wells, Quinn, Whitmire, Bingham, Stringer, 36 Atwater, Hicks 37 2/10/2015 House Member(s) request name added as sponsor: Mitchell 38 2/11/2015 House Member(s) request name added as sponsor: Funderburk, Norrell 39 3/25/2015 House Committee report: Favorable with amendment Judiciary ( House Journalpage 66) 40 3/26/2015 House Member(s) request name added as sponsor: Knight, Sandifer, Gilliard, R.L.Brown, 41 Whipper 42 3/26/2015 House Requests for debateRep(s). Erickson, CobbHunter, Douglas, Crosby, Daning, Bales, 43 Anthony, Long, Herbkersman, Jefferson, WJ McLeod, Yow, Whitmire, Sandifer, 44 Golfinch, Anderson, Loftis, HA Crawford, Hart, Finlay, King, McEachern, 45 Putnam, Gagnon, McKnight, Mitchell, Hosey, Clyburn, RL Brown, Tallon, 46 Allison, Forrester, Gilliard, Corley, Clary, Sottile, Mack, Hicks, Chumly, 47 Kennedy, Spires, Nanney, Weeks, Funderburk, PowersNorrell, RobinsonSimpson, 48 Dilliard, VS Moss, GR Smith, Knight 49 4/14/2015 House Member(s) request name added as sponsor: W.J.McLeod 50 4/14/2015 House Amended ( House Journalpage 43) 51 4/14/2015 House Read second time ( House Journalpage 43) 52 4/14/2015 House Roll call Yeas101 Nays9 ( House Journalpage 95) 53 4/16/2015 House Amended ( House Journalpage 33) 54 4/15/2015 House Debate adjourned until Thur., 41615 ( House Journalpage 16) 1 4/16/2015 House Read third time and sent to Senate ( House Journalpage 33) 2 4/16/2015 House Roll call Yeas89 Nays6 ( House Journalpage 38) 3 4/21/2015 Senate Introduced and read first time ( Senate Journalpage 21) 4 4/21/2015 Senate Referred to Committee on Judiciary ( Senate Journalpage 21) 5 6 View the latest legislative information at the website 7 8 9 VERSIONS OF THIS BILL 10 11 1/27/2015 12 3/25/2015 13 4/14/2015 14 4/16/2015 15 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 5 AMENDED--NOT PRINTED IN THE HOUSE 6 Amt. No. 13 (Doc. Path 3433c028.ms.ahb15) 7 April 16, 2015 8 9 H. 3433 10 11 Introduced by Reps. Erickson, Weeks, CobbHunter, McCoy, 12 Douglas, Kennedy, Long, Lucas, M.S. McLeod, Ridgeway, Tallon, 13 Thayer, Felder, Pope, J.E. Smith, King, Howard, Parks, Ott, 14 Jefferson, Bernstein, Rivers, Southard, Tinkler, Henegan, Kirby, 15 Bales, Neal, Henderson, Herbkersman, Merrill, G.R. Smith, 16 Bradley, Bannister, H.A. Crawford, Newton, Clemmons, Nanney, 17 Wells, Quinn, Whitmire, Bingham, Stringer, Atwater, Hicks, 18 Mitchell, Funderburk, Norrell, Knight, Sandifer, Gilliard, 19 R.L. Brown, Whipper and W.J. McLeod 20 21 S. Printed 4/14/15--H. 22 Read the first time January 27, 2015. 23 24

[3433-3] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, SO AS TO ENACT THE “DOMESTIC VIOLENCE 13 REFORM ACT”; TO AMEND SECTION 162510, AS 14 AMENDED, RELATING TO DEFINITIONS FOR PURPOSES 15 OF DOMESTIC VIOLENCE OFFENSES, SO AS TO DEFINE 16 OTHER NECESSARY TERMS; TO AMEND SECTION 162520, 17 AS AMENDED, RELATING TO DOMESTIC VIOLENCE 18 OFFENSES, SO AS TO RESTRUCTURE THE OFFENSES BY 19 GRADUATING THE PENALTIES INTO DEGREES, DEFINE 20 THE ELEMENTS OF EACH DEGREE, AND PROVIDE A NEW 21 PENALTY STRUCTURE; TO AMEND SECTION 162565, AS 22 AMENDED, RELATING TO DOMESTIC VIOLENCE OF A 23 HIGH AND AGGRAVATED NATURE, SO AS TO 24 RESTRUCTURE THE OFFENSE, REDEFINE THE ELEMENTS 25 OF THE OFFENSE, TO RESTRUCTURE THE PENALTY, AND 26 TO PROVIDE THAT AS A CONDITION OF BOND FOR THIS 27 OFFENSE, THE JUDGE MAY PROVIDE THAT THE 28 OFFENDER MAY NOT SHIP, TRANSPORT, POSSESS, OR 29 RECEIVE A FIREARM OR AMMUNITION WHILE THE 30 OFFENDER IS UNDER BOND; TO AMEND SECTION 16160, 31 AS AMENDED, RELATING TO CRIMES DEFINED AS 32 VIOLENT, SO AS TO INCLUDE DOMESTIC VIOLENCE IN 33 THE FIRST DEGREE AS A VIOLENT CRIME; TO AMEND 34 SECTION 172545, RELATING TO OFFENSES DEFINED AS 35 “MOST SERIOUS” AND “SERIOUS”, SO AS TO ADD THE 36 OFFENSES OF DOMESTIC VIOLENCE OF A HIGH AND 37 AGGRAVATED NATURE AND DOMESTIC VIOLENCE IN 38 THE FIRST DEGREE TO THE LIST OF “SERIOUS” 39 OFFENSES; TO AMEND SECTION 163600, AS AMENDED, 40 RELATING TO ASSAULT AND BATTERY OFFENSES, SO 41 AS TO REVISE THE DEFINITION OF “MODERATE BODILY 42 INJURY”; TO AMEND SECTION 22-3-546, RELATING TO

[3433] 4 1 THE AUTHORIZATION OF CIRCUIT SOLICITORS, IN THEIR 2 DISCRETION, TO ESTABLISH A PROGRAM FOR 3 PROSECUTION OF FIRST OFFENSE DOMESTIC VIOLENCE 4 OFFENSES, SO AS TO EXPAND THE PROGRAMS TO 5 INCLUDE ALL MISDEMEANOR DOMESTIC VIOLENCE 6 OFFENSES; TO AMEND SECTION 225530, AS AMENDED, 7 RELATING TO DEPOSITS IN LIEU OF RECOGNIZANCE 8 AND PAYMENT TO A JAIL OR CORRECTIONAL FACILITY 9 TO SECURE IMMEDIATE RELEASE, SO AS TO PROVIDE 10 THAT THE PROVISIONS OF THE SECTION DO NOT APPLY 11 TO A PERSON CHARGED WITH A DOMESTIC VIOLENCE 12 OFFENSE AND SUCH A PERSON IS EXPRESSLY 13 PROHIBITED FROM MAKING A DEPOSIT IN LIEU OF 14 RECOGNIZANCE TO SECURE IMMEDIATE RELEASE; TO 15 AMEND SECTION 171530 AND SECTION 225510, BOTH AS 16 AMENDED, RELATING TO MATTERS TO BE CONSIDERED 17 WHEN DETERMINING CONDITIONS OF RELEASE ON 18 BOND AND BOND HEARINGS AND INFORMATION TO BE 19 PROVIDED TO THE COURT, RESPECTIVELY, BOTH SO AS 20 TO REQUIRE THE COURT TO CONSIDER IF RELEASE ON 21 BOND WOULD CONSTITUTE AN UNREASONABLE 22 DANGER TO THE COMMUNITY OR AN INDIVIDUAL, TO 23 PROVIDE THAT WHEN A PERSON IS CHARGED WITH A 24 VIOLATION OF CERTAIN DOMESTIC VIOLENCE 25 OFFENSES THAT A BOND HEARING MAY NOT PROCEED 26 WITHOUT THE PERSON’S CRIMINAL RECORD AND 27 INCIDENT REPORT, OR THE PRESENCE OF THE 28 ARRESTING OFFICER, TO REQUIRE BOND HEARINGS FOR 29 THESE VIOLATIONS TO BE HELD WITHIN TWENTYFOUR 30 HOURS AFTER ARREST, AND TO PROVIDE THAT 31 FAILURE OF A PARTY TO ADHERE TO A CONDITION OF 32 BOND MAY RESULT IN THE ISSUANCE OF A BENCH 33 WARRANT FOR CONTEMPT; TO AMEND SECTION 171510, 34 RELATING TO PERSONS WHO MAY BE RELEASED 35 PENDING TRIAL, SO AS TO REQUIRE THE COURT TO 36 CONSIDER IF RELEASE ON BOND WOULD CONSTITUTE 37 AN UNREASONABLE DANGER TO THE COMMUNITY OR 38 AN INDIVIDUAL; TO AMEND SECTION 1625120, AS 39 AMENDED, RELATING TO THE RELEASE OF A PERSON 40 ON BOND WHO IS CHARGED WITH A VIOLENT OFFENSE 41 OR WHEN THE VICTIM IS A HOUSEHOLD MEMBER, SO 42 AS TO PROVIDE THAT THE COURT MUST CONSIDER 43 CERTAIN FACTORS BEFORE RELEASING A PERSON ON

[3433] 5 1 BOND; TO AMEND SECTION 17-15-50, RELATING TO 2 AMENDMENT OF AN ORDER RELATING TO BOND, SO AS 3 TO CLARIFY THAT THE COURT WITH JURISDICTION OF 4 THE OFFENSE MAY AMEND THE ORDER AT ANY TIME; 5 TO AMEND SECTION 171555, AS AMENDED, RELATING 6 TO BOND AND THE AUTHORITY OF THE CIRCUIT COURT 7 TO REVOKE BOND UNDER CERTAIN CIRCUMSTANCES, 8 SO AS TO PROVIDE FOR THE PURPOSE OF BOND 9 REVOCATION ONLY THAT A SUMMARY COURT HAS 10 CONCURRENT JURISDICTION WITH THE CIRCUIT COURT 11 FOR TEN DAYS FROM THE DATE BOND IS FIRST SET ON 12 A CHARGE BY THE SUMMARY COURT TO DETERMINE IF 13 BOND SHOULD BE REVOKED; TO AMEND SECTION 14 162520, AS AMENDED, RELATING TO DOMESTIC 15 VIOLENCE OFFENSES, SO AS TO AUTHORIZE A JUDGE TO 16 PROCEED WITH THE PROSECUTION OF A DOMESTIC 17 VIOLENCE OFFENSE WITHOUT THE VICTIM PRESENT 18 AND TO REQUIRE A JUDGE TO MAKE CERTAIN 19 INQUIRIES AND WRITTEN FINDINGS REGARDING 20 WHETHER THE PROSECUTION IS READY TO PROCEED 21 AND THE TYPE OF EVIDENCE THE PROSECUTION IS 22 PREPARED TO PRESENT; TO AMEND SECTION 162570, AS 23 AMENDED, RELATING TO WARRANTLESS ARREST OR 24 SEARCH FOR A DOMESTIC VIOLENCE OFFENSE, SO AS 25 TO REQUIRE THAT THE MANDATED LAW 26 ENFORCEMENT INVESTIGATION OF A DOMESTIC 27 VIOLENCE OFFENSE MUST BE DOCUMENTED ON AN 28 INCIDENT REPORT FORM WHICH MUST BE MAINTAINED 29 BY THE INVESTIGATING AGENCY; TO DIRECT THE 30 DEPARTMENT OF SOCIAL SERVICES IN CONSULTATION 31 WITH THE SOUTH CAROLINA VOUCHER PROGRAM TO 32 PROVIDE CERTAIN CHILDCARE SERVICES TO VICTIMS 33 OF DOMESTIC VIOLENCE TO ENCOURAGE 34 PARTICIPATION IN COURT HEARINGS RELATING TO 35 DOMESTIC VIOLENCE; TO AMEND SECTION 172290, 36 RELATING TO PRETRIAL INTERVENTION PROGRAMS, SO 37 AS TO REQUIRE THE DOMESTIC VIOLENCE FATALITY 38 ADVISORY COMMITTEE TO DEVELOP AND THE 39 ATTORNEY GENERAL TO APPROVE A BATTERER’S 40 TREATMENT PROGRAM FOR USE AS PART OF PRETRIAL 41 INTERVENTION FOR CERTAIN DOMESTIC VIOLENCE 42 OFFENSES AND TO ALLOW THE COURT TO DESIGNATE 43 A SPECIFIC BATTERER’S TREATMENT PROGRAM; BY

[3433] 6 1 ADDING ARTICLE 3 TO CHAPTER 25, TITLE 16 SO AS TO 2 CREATE THE DEPARTMENT OF DOMESTIC VIOLENCE 3 FATALITIES OF THE OFFICE OF THE ATTORNEY 4 GENERAL OF SOUTH CAROLINA WHOSE PURPOSE IS TO 5 INVESTIGATE FATALITIES RESULTING FROM DOMESTIC 6 VIOLENCE, TO REQUIRE THE ATTORNEY GENERAL TO 7 OVERSEE THESE INVESTIGATIONS AND THE OVERALL 8 OPERATION OF THE DEPARTMENT, AND TO PROVIDE 9 FOR THE DEPARTMENT’S DUTIES AND POWERS; TO 10 CREATE THE DOMESTIC VIOLENCE FATALITY 11 ADVISORY COMMITTEE WHOSE PURPOSE IS TO 12 DECREASE FATALITIES RESULTING FROM DOMESTIC 13 VIOLENCE AND TO PROVIDE FOR THE COMMITTEE’S 14 MEMBERSHIP, DUTIES, AND POWERS; AND TO EXEMPT 15 CERTAIN MEETINGS AND INFORMATION FROM THE 16 APPLICABILITY OF THE FREEDOM OF INFORMATION 17 ACT AND PROVIDE FOR CONFIDENTIALITY OF CERTAIN 18 INFORMATION RELATED TO THE INVESTIGATION AND 19 REVIEW OF INCIDENCES OF DOMESTIC VIOLENCE BY 20 THE DEPARTMENT AND COMMITTEE; BY ADDING 21 ARTICLE 5 TO CHAPTER 25, TITLE 16 SO AS TO 22 RECODIFY THE PROVISIONS OF SECTION 431260, 23 RELATING TO COMMUNITY DOMESTIC VIOLENCE 24 COORDINATING COUNCILS, WITHIN ARTICLE 5; TO 25 REPEAL SECTION 431260 RELATING TO COMMUNITY 26 DOMESTIC VIOLENCE COORDINATING COUNCILS; TO 27 AMEND SECTION 593230, AS AMENDED, RELATING TO 28 SUBJECTS TAUGHT IN THE COMPREHENSIVE HEALTH 29 EDUCATION PROGRAM, SO AS TO ADD THE SUBJECT OF 30 DOMESTIC VIOLENCE BEGINNING WITH THE 20162017 31 SCHOOL YEAR; AND TO STRIKE THE WORD “CRIMINAL” 32 FROM REFERENCES TO CRIMINAL DOMESTIC VIOLENCE 33 OFFENSES THROUGHOUT AS APPROPRIATE. 34 Amend Title To Conform 35 36 Whereas, the General Assembly finds, in terms of domestic 37 violence offenses, that it would be appropriate and wise to 38 consider the term “shelter” not only as a noun, but as a verb as 39 well, so that survivors of domestic violence may be sheltered and 40 receive the necessary tools to survive and thrive; and 41 42 Whereas, the General Assembly desires to remove impediments to 43 a domestic violence survivor receiving the necessary tools to

[3433] 7 1 survive and thrive and supports survivor participation in the 2 abuser’s prosecution if the survivor so chooses; and 3 4 Whereas, the General Assembly recognizes that not all 5 prosecutions will include participation of the domestic violence 6 survivor, but this lack of participation does not necessarily 7 undermine the seriousness of the offense or the validity of the 8 case; and 9 10 Whereas, the General Assembly recognizes that community and 11 governmental agencies must study incidences of domestic violence 12 thoroughly to reduce and eliminate domestic violence; and 13 14 Whereas, the General Assembly recognizes that a domestic 15 violence fatality advisory committee comprised of members who 16 have expertise in and knowledge of domestic violence issues will 17 benefit communities and the State of South Carolina greatly and 18 strengthen the state’s laws, policies, and practices relating to 19 domestic violence and to batterer treatment programs; and 20 21 Whereas, the General Assembly recognizes local governments also 22 should learn best practices relating to reducing and eliminating 23 domestic violence through community domestic violence 24 coordinating councils; and 25 26 Whereas, the General Assembly recognizes the education received 27 by law enforcement from the Criminal Justice Academy. The 28 General Assembly finds that education is a key component to 29 assisting survivors. The General Assembly recommends the 30 continued education and awareness by law enforcement of the 31 multifaceted issues related to domestic violence; and 32 33 Whereas, the General Assembly recognizes the education of the 34 judiciary by Court Administration through section 1625100 of the 35 South Carolina Code. The General Assembly finds that education 36 is a key component to achieving justice. The General Assembly 37 recommends the continued education and awareness by the 38 judiciary of the multifaceted issues related to domestic violence; 39 and 40 41 Whereas, the General Assembly finds education of the community 42 is vital to addressing domestic violence. This education begins 43 with our youngest community members who may witness

[3433] 8 1 domestic violence and be endangered themselves. This education 2 and awareness is also key in the adult communities, such as the 3 work place and communities of faith. Now, therefore, 4 5 Be it enacted by the General Assembly of the State of South 6 Carolina: 7 8 PART I 9 10 Citation 11 12 SECTION 1. This act may be cited as the “Domestic Violence 13 Reform Act”. 14 15 Part II 16 17 Domestic Violence Penalties 18 19 SECTION 2. Section 162510 of the 1976 Code, as last amended 20 by Act 166 of 2005, is further amended to read: 21 22 “Section 162510. As used in this article, the term: 23 (1) ‘Deadly weapon’ means any pistol, dirk, slingshot, metal 24 knuckles, razor, or other instrument which can be used to inflict 25 deadly force. 26 (2) ‘Great bodily injury’ means an injury as defined in Section 27 163600(A)(1). 28 (3) ‘Household member’ means: 29 (1)(a) a spouse; 30 (2)(b) a former spouse; 31 (3)(c) persons who have a child in common; or 32 (4)(d) a male and female who are cohabiting or formerly 33 have cohabited. 34 (4) ‘Moderate bodily injury’ means an injury as defined in 35 Section 163600(A)(2). 36 (5) ‘Prior conviction of domestic violence’ includes conviction 37 of any crime, in any state, containing among its elements those 38 enumerated in, or substantially similar to those enumerated in, 39 Section 162520(A) that is committed against a household member 40 as defined in item (3) within the ten years prior to the incident date 41 of the current offense . 42 (6) ‘Protection order’ means any order of protection, 43 restraining order, condition of bond, or any other similar order

[3433] 9 1 issued in this State or another state or foreign jurisdiction for the 2 purpose of protecting a household member. 3 (7) ‘Firearm’ means a pistol, revolver, rifle, shotgun, machine 4 gun, submachine gun, or an assault rifle which is designed to fire 5 or is capable of firing fixed cartridge ammunition or from which a 6 shot or projectile is discharged by an explosive but does not 7 include an antique firearm as defined in 18 U.S.C. 921(a)(16).” 8 9 SECTION 3. Section 162520 of the 1976 Code, as last amended 10 by Act 255 of 2008, is further amended to read: 11 12 “Section 162520. (A) It is unlawful to: 13 (1) cause physical harm or injury to a person’s own 14 household member; or 15 (2) offer or attempt to cause physical harm or injury to a 16 person’s own household member with apparent present ability 17 under circumstances reasonably creating fear of imminent peril. 18 (B) Except as otherwise provided in this section, a person who 19 violates the provisions of subsection (A) is guilty of commits the 20 offense of criminal domestic violence and, upon conviction, must 21 be punished as follows in the first degree if the person violates the 22 provisions of subsection (A) and: 23 (1) for a first offense, the person is guilty of a misdemeanor 24 and must be fined not less than one thousand dollars nor more than 25 two thousand five hundred dollars or imprisoned not more than 26 thirty days. The court may suspend the imposition or execution of 27 all or part of the fine conditioned upon the offender completing, to 28 the satisfaction of the court, and in accordance with the provisions 29 of Section 162520(H), a program designed to treat batterers. 30 Notwithstanding the provisions of Sections 223540, 223545, and 31 223550, an offense pursuant to the provisions of this subsection 32 must be tried in summary court great bodily injury to the person’s 33 own household member results or the person offered or attempted 34 to injure the person’s own household member with the present 35 ability to do so and a reasonable person could assume great bodily 36 injury could result; 37 (2) for a second offense, the person is guilty of a 38 misdemeanor and must be fined not less than two thousand five 39 hundred dollars nor more than five thousand dollars and 40 imprisoned not less than a mandatory minimum of thirty days nor 41 more than one year. The court may suspend the imposition or 42 execution of all or part of the sentence, except the thirtyday 43 mandatory minimum sentence, conditioned upon the offender

[3433] 10 1 completing, to the satisfaction of the court, and in accordance with 2 the provisions of Section 162520(H), a program designed to treat 3 batterers. If a person is sentenced to a mandatory minimum of 4 thirty days pursuant to the provisions of this subsection, the judge 5 may provide that the sentence be served two days during the week 6 or on weekends until the sentence is completed and is eligible for 7 early release based on credits he is able to earn during the service 8 of his sentence, including, but not limited to, goodtime credits the 9 person violates a protection order and in the process of violating 10 the order commits domestic violence in the second degree; 11 (3) for a third or subsequent offense, the person is guilty of a 12 felony and must be imprisoned not less than a mandatory 13 minimum of one year but not more than five years. has two or 14 more prior convictions of domestic violence within ten years of the 15 current offense; 16 (4) the person uses a firearm in any manner while violating 17 the provisions of subsection (A); or 18 (5) in the process of committing domestic violence in the 19 second degree one of the following also results: 20 (a) the offense is committed in the presence of, or while 21 being perceived by a minor; 22 (b) the offense is committed against a person known, or 23 who reasonably should have been known, by the offender to be 24 pregnant; 25 (c) the offense is committed during the commission of a 26 robbery, burglary, kidnapping, or theft; 27 (d) the offense is committed by impeding the victim’s 28 breathing or air flow; or 29 (e) the offense is committed using physical force or the 30 threatened use of force against another to block that person’s 31 access to any cell phone, telephone, or electronic communication 32 device with the purpose of preventing, obstructing, or interfering 33 with: 34 (i) the report of any criminal offense, bodily injury, or 35 property damage to a law enforcement agency; or 36 (ii) a request for an ambulance or emergency medical 37 assistance to any law enforcement agency or emergency medical 38 provider. 39 A person who violates this subsection is guilty of a felony and, 40 upon conviction, must be imprisoned for not more than ten years. 41 Domestic violence in the first degree is a lesser included offense 42 of domestic violence of a high and aggravated nature, as defined in 43 Section 162565.

[3433] 11 1 (C) For the purposes of subsections (A) and (B), a conviction 2 within the previous ten years for a violation of subsection (A), 3 Section 162565, or a criminal domestic violence offense in another 4 state which includes similar elements to the provisions of 5 subsection (A) or Section 162565, constitutes a prior offense. A 6 conviction for a violation of a criminal domestic violence offense 7 in another state does not constitute a prior offense if the offense is 8 committed against a person other than a “household member” as 9 defined in Section 162510. 10 (D) A person who violates the terms and conditions of an order 11 of protection issued in this State under Chapter 4, Title 20, the 12 ‘Protection from Domestic Abuse Act’, or a valid protection order 13 related to domestic or family violence issued by a court of another 14 state, tribe, or territory is guilty of a misdemeanor and, upon 15 conviction, must be imprisoned not more than thirty days and fined 16 not more than five hundred dollars A person commits the offense 17 of domestic violence in the second degree if the person violates 18 subsection (A) and: 19 (1) moderate bodily injury to their own household member 20 results or moderate bodily injury to their own household member 21 could have resulted; or 22 (2) the person violates a protection order and in the process 23 of violating the order commits domestic violence in the third 24 degree; or 25 (3) the person has one prior conviction for domestic violence 26 in the past ten years from the current offense; or 27 (4) in the process of committing domestic violence in the 28 third degree one of the following also results: 29 (a) the offense is committed in the presence of, or while 30 being perceived by, a minor; 31 (b) the offense is committed against a person known, or 32 who reasonably should have been known, by the offender to be 33 pregnant; 34 (c) the offense is committed during the commission of a 35 robbery, burglary, kidnapping, or theft; 36 (d) the offense is committed by impeding the victim’s 37 breathing or air flow; or 38 (e) the offense is committed using physical force or the 39 threatened use of force against another to block that person’s 40 access to any cell phone, telephone, or electronic communication 41 device with the purpose of preventing, obstructing, or interfering 42 with:

[3433] 12 1 (i) the report of any criminal offense, bodily injury, or 2 property damage to a law enforcement agency; or 3 (ii) a request for an ambulance or emergency medical 4 assistance to any law enforcement agency or emergency medical 5 provider. 6 A person who violates this subsection is guilty of a 7 misdemeanor and, upon conviction, must be fined not less than 8 two thousand five hundred dollars nor more than five thousand 9 dollars or imprisoned for not more than three years, or both. 10 Domestic violence in the second degree is a lesserincluded 11 offense of domestic violence in the first degree, as defined in 12 subsection (A), and domestic violence of a high and aggravated 13 nature, as defined in Section 162565. 14 Assault and battery in the second degree pursuant to Section 16- 15 3-600(D) is a lesser-included offense of domestic violence in the 16 second degree as defined in this subsection. 17 (E)(D) Unless the complaint is voluntarily dismissed or the 18 charge is dropped prior to the scheduled trial date, a person 19 charged with a violation provided in this chapter must appear 20 before a judge for disposition of the case A person commits the 21 offense of domestic violence in the third degree if the person 22 violates subsection (A). 23 (1) A person who violates this subsection is guilty of a 24 misdemeanor and, upon conviction, must be fined not less than one 25 thousand dollars nor more than two thousand five hundred dollars 26 or imprisoned not more than six months, or both. 27 (2) Domestic violence in the third degree is a lesserincluded 28 offense of domestic violence in the second degree, as defined in 29 subsection (C), domestic violence in the first degree, as defined in 30 subsection (B), and domestic violence of a high and aggravated 31 nature, as defined in Section 162565. 32 (3) A first offense conviction of domestic violence in the 33 third degree pursuant to this subsection may be expunged five 34 years from the date of conviction. 35 Assault and battery in the third degree pursuant to Section 16-3- 36 600(E) is a lesser-included offense of domestic violence in the 37 third degree as defined in this subsection. 38 (F)(E) When a person is convicted of a violation of this section 39 or Section 162565 or sentenced pursuant to subsection (C), the 40 court may suspend execution of all or part of the sentence, except 41 for the mandatory minimum sentence, and place the offender on 42 probation, conditioned upon:

[3433] 13 1 (1) the offender completing offender’s mandatory 2 completion, to the satisfaction of the court, a of a domestic 3 violence intervention program designed to treat batterers in 4 accordance with the provisions of subsection (G); 5 (2) fulfillment of all the obligations arising under court order 6 pursuant to this section and Section 162565; and 7 (3) other reasonable terms and conditions of probation as the 8 court may determine necessary to ensure the protection of the 9 victim; and 10 (4) making restitution as the court deems appropriate. 11 (G)(F) In determining whether or not to suspend the imposition 12 or execution of all or part of a sentence as provided in this section, 13 the court must consider the nature and severity of the offense, the 14 number of times the offender has repeated the offense, and the best 15 interests and safety of the victim. 16 (H)(G) An offender who participates in a batterer treatment 17 domestic violence intervention program pursuant to this section, 18 must shall participate in a program offered through a government 19 agency, nonprofit organization, or private provider approved by 20 the Department of Social Services Circuit Solicitor with 21 jurisdiction over the offense or, if the offender moves to a different 22 circuit after entering a treatment program, the Circuit Solicitor for 23 the county in which the offender resides. The offender must shall 24 pay a reasonable fee, if required, for participation in the treatment 25 program but no person may be denied treatment participation due 26 to inability to pay. If the offender suffers from a substance abuse 27 problem or mental health concern, the judge may order, or the 28 batterer treatment program may refer, the offender to supplemental 29 treatment coordinated through the Department of Alcohol and 30 Other Drug Abuse Services with the local alcohol and drug 31 treatment authorities pursuant to Section 611220 or the 32 Department of Mental Health or Veterans’ Hospital, respectively. 33 The offender must pay a reasonable fee for participation in the 34 substance abuse treatment or mental health program, if required, 35 but no person may be denied treatment participation due to 36 inability to pay. 37 (H) A person who violates the terms and conditions of an order 38 of protection issued in this State pursuant to Chapter 4, Title 20, 39 the ‘Protection from Domestic Abuse Act’, or a valid protection 40 order related to domestic or family violence issued by a court of 41 another state, tribe, or territory is guilty of a misdemeanor and, 42 upon conviction, must be imprisoned not more than thirty days and 43 fined not more than five hundred dollars.

[3433] 14 1 (I) Unless the complaint is voluntarily dismissed or the charge 2 is dropped prior to the scheduled trial date, a person charged with a 3 violation provided in this chapter must appear before a judge for 4 disposition of the case. 5 (J) Notwithstanding any other provision of law, the judge may 6 provide, as a condition of bond, that an offender who violates the 7 provisions of subsection (B) or (C) may not ship, transport, 8 possess, or receive a firearm or ammunition while the offender is 9 under bond.” 10 11 SECTION 4. Section 162565 of the 1976 Code, as last amended 12 by Act 166 of 2005, is further amended to read: 13 14 “Section 162565. (A) A person who violates Section 15 162520(A) is guilty of the offense of criminal domestic violence of 16 a high and aggravated nature when one of the following occurs. 17 The person commits: 18 (1) an assault and battery which involves the use of a deadly 19 weapon or results in serious bodily injury to the victim commits 20 the offense under circumstances manifesting extreme indifference 21 to the value of human life and great bodily injury to the victim 22 results; or 23 (2) an assault, with or without an accompanying battery, 24 which would reasonably cause a person to fear imminent serious 25 bodily injury or death. commits the offense, with or without an 26 accompanying battery and under circumstances manifesting 27 extreme indifference to the value of human life, and would 28 reasonably cause a person to fear imminent great bodily injury or 29 death; or 30 (3) violates a protection order and, in the process of 31 violating the order, commits domestic violence in the first degree. 32 (B) A person who violates subsection (A) is guilty of a felony 33 and, upon conviction, must be imprisoned not less than a 34 mandatory minimum of one year nor more than ten years. The 35 court may suspend the imposition or execution of all or part of the 36 sentence, except the oneyear mandatory minimum sentence, and 37 place the offender on probation conditioned upon the offender 38 completing, to the satisfaction of the court, a program designed to 39 treat batterers offered through a government agency, nonprofit 40 organization, or private provider approved by the Department of 41 Social Services. The offender must pay a reasonable fee for 42 participation in the treatment program, but no person may be 43 denied treatment due to inability to pay. If the offender suffers

[3433] 15 1 from a substance abuse problem, the judge may order, or the 2 batterer treatment program may refer, the offender to supplemental 3 treatment coordinated through the Department of Alcohol and 4 Other Drug Abuse Services with the local alcohol and drug 5 treatment authorities pursuant to Section 611220. The offender 6 must pay a reasonable fee for participation in the substance abuse 7 treatment program, but no person may be denied treatment due to 8 inability to pay for not more than twenty years. 9 (C) The provisions of subsection (A) create a statutory offense 10 of criminal domestic violence of a high and aggravated nature and 11 must not be construed to codify the common law crime of assault 12 and battery of a high and aggravated nature. 13 (D) Circumstances manifesting extreme indifference to the 14 value of human life include, but are not limited to, the following: 15 (1) using a deadly weapon; 16 (2) intentionally impeding the normal breathing or 17 circulation of the blood of a household member by applying 18 pressure to the throat or neck or by obstructing the nose or mouth 19 of a household member and thereby causing stupor or loss of 20 consciousness for any period of time; 21 (3) committing the offense in the presence of a minor; 22 (4) committing the offense against a person he knew, or 23 should have known, to be pregnant; 24 (5) committing the offense during the commission of a 25 robbery, burglary, kidnapping, or theft; or 26 (6) using physical force against another to block that 27 person’s access to any cell phone, telephone, or electronic 28 communication device with the purpose of preventing, obstructing, 29 or interfering with: 30 (a) the report of any criminal offense, bodily injury, or 31 property damage to a law enforcement agency; or 32 (b) a request for an ambulance or emergency medical 33 assistance to any law enforcement agency or emergency medical 34 provider. 35 (E) Notwithstanding any other provision of law, the judge may 36 provide, as a condition of bond, that an offender who violates the 37 provisions of this section may not ship, transport, possess, or 38 receive a firearm or ammunition while the offender is under bond.” 39 40 SECTION 5. Section 16160 of the 1976 Code, as last amended by 41 Act 255 of 2012, is further amended to read: 42

[3433] 16 1 “Section 16160. For purposes of definition under South 2 Carolina law, a violent crime includes the offenses of: murder 3 (Section 16310); attempted murder (Section 16329); assault and 4 battery by mob, first degree, resulting in death (Section 5 163210(B)), criminal sexual conduct in the first and second degree 6 (Sections 163652 and 163653); criminal sexual conduct with 7 minors, first, second, and third degree (Section 163655); assault 8 with intent to commit criminal sexual conduct, first and second 9 degree (Section 163656); assault and battery with intent to kill 10 (Section 163620); assault and battery of a high and aggravated 11 nature (Section 163600(B)); kidnapping (Section 163910); 12 trafficking in persons (Section 163930); voluntary manslaughter 13 (Section 16350); armed robbery (Section 1611330(A)); attempted 14 armed robbery (Section 1611330(B)); carjacking (Section 15 1631075); drug trafficking as defined in Section 4453370(e) or 16 trafficking cocaine base as defined in Section 4453375(C); 17 manufacturing or trafficking methamphetamine as defined in 18 Section 4453375; arson in the first degree (Section 1611110(A)); 19 arson in the second degree (Section 1611110(B)); burglary in the 20 first degree (Section 1611311); burglary in the second degree 21 (Section 1611312(B)); engaging a child for a sexual performance 22 (Section 163810); homicide by child abuse (Section 16385(A)(1)); 23 aiding and abetting homicide by child abuse (Section 16385(A) 24 (2)); inflicting great bodily injury upon a child (Section 16395(A)); 25 allowing great bodily injury to be inflicted upon a child (Section 26 16395(B)); criminal domestic violence of a high and aggravated 27 nature (Section 162565); abuse or neglect of a vulnerable adult 28 resulting in death (Section 433585(F)); abuse or neglect of a 29 vulnerable adult resulting in great bodily injury (Section 30 433585(E)); taking of a hostage by an inmate (Section 2413450); 31 detonating a destructive device upon the capitol grounds resulting 32 in death with malice (Section 1011325(B)(1)); spousal sexual 33 battery (Section 163615); producing, directing, or promoting 34 sexual performance by a child (Section 163820); sexual 35 exploitation of a minor first degree (Section 1615395); sexual 36 exploitation of a minor second degree (Section 1615405); 37 promoting prostitution of a minor (Section 1615415); participating 38 in prostitution of a minor (Section 1615425); aggravated 39 voyeurism (Section 1617470(C)); detonating a destructive device 40 resulting in death with malice (Section 1623720(A)(1)); detonating 41 a destructive device resulting in death without malice (Section 42 1623720(A)(2)); boating under the influence resulting in death 43 (Section 5021113(A)(2)); vessel operator’s failure to render

[3433] 17 1 assistance resulting in death (Section 5021130(A)(3)); damaging 2 an airport facility or removing equipment resulting in death 3 (Section 55130(3)); failure to stop when signaled by a law 4 enforcement vehicle resulting in death (Section 565750(C)(2)); 5 interference with trafficcontrol devices, railroad signs, or signals 6 resulting in death (Section 5651030(B)(3)); hit and run resulting in 7 death (Section 5651210(A)(3)); felony driving under the influence 8 or felony driving with an unlawful alcohol concentration resulting 9 in death (Section 5652945(A)(2)); putting destructive or injurious 10 materials on a highway resulting in death (Section 57720(D)); 11 obstruction of a railroad resulting in death (Section 58174090); 12 accessory before the fact to commit any of the above offenses 13 (Section 16140); and attempt to commit any of the above offenses 14 (Section 16180). Only those offenses specifically enumerated in 15 this section are considered violent offenses.” 16 17 SECTION 6. Section 172545(C)(2) of the 1976 Code is amended 18 to read: 19 20 “(2) ‘Serious offense’ means: 21 (a) any offense which is punishable by a maximum term 22 of imprisonment for thirty years or more which is not referenced in 23 subsection (C)(1); 24 (b) those felonies enumerated as follows: 25 163220 Lynching, Second degree 26 163210(C) Assault and battery by mob, Second degree 27 163600(B) Assault and battery of a high and aggravated 28 nature 29 163810 Engaging child for sexual performance 30 169220 Acceptance of bribes by officers 31 169290 Accepting bribes for purpose of procuring 32 public office 33 1611110(B) Arson, Second degree 34 1611312(B) Burglary, Second degree 35 1611380(B) Theft of a person using an automated teller 36 machine 37 1613210(1) Embezzlement of public funds 38 1613230(B)(3) Breach of trust with fraudulent intent 39 1613240(1) Obtaining signature or property by false 40 pretenses 41 162520(B) Domestic violence, First degree 42 162565 Domestic violence of a high and 43 aggravated nature

[3433] 18 1 3855540(3) Insurance fraud 2 4453370(e) Trafficking in controlled substances 3 4453375(C) Trafficking in ice, crank, or crack cocaine 4 4453445(B)(1)&(2) Distribute, sell, manufacture, or possess 5 with intent to distribute controlled substances within proximity of 6 school 7 5652945 Causing death by operating vehicle while 8 under influence of drugs or alcohol; and 9 (c) the offenses enumerated below: 10 16140 Accessory before the fact for any of the 11 offenses listed in subitems (a) and (b) 12 16180 Attempt to commit any of the offenses listed 13 in subitems (a) and (b) 14 433585(E) Abuse or neglect of a vulnerable adult 15 resulting in great bodily injury.” 16 17 SECTION 7. Section 56710(A) of the 1976 Code is amended to 18 read: 19 20 “(A) There will be a uniform traffic ticket used by all law 21 enforcement officers in arrests for traffic offenses and for the 22 following additional offenses: 23 Offense Citation 24 Interfering with Police Officer 25 Serving Process Section 16550 26 Dumping Trash on Highway/Private 27 Property Section 1611700 28 Indecent Exposure Section 1615130 29 Disorderly Conduct Section 1617530 30 Damaging Highway Section 57710 31 Place Glass, Nails, Etc. on Highway Section 57720 32 Obstruction of Highway by Railroad 33 Cars, Etc. Section 577240 34 Signs Permitted on Interstate Section 5725140 35 Brown Bagging Section 61520 36 Drinking Liquors in Public 37 Conveyance Section 6113360 38 Poles Dragging on Highway Section 57780 39 Open Container Section 61987 40 Purchase or Possession of Beer or 41 Wine by a Person Under Age Section 63192440 42 Purchase or Possession of 43 Alcoholic Liquor by a Person

[3433] 19 1 Under Age TwentyOne Section 63192450 2 Unlawful Possession and 3 Consumption of Alcoholic Liquors Section 61530 4 Sale of Beer or Wine on Which 5 Tax Has Not Been Paid Section 61920 6 Falsification of Age to Purchase 7 Beer or Wine Section 61950 8 Unlawful Purchase of Beer or 9 Wine for a Person Who Cannot 10 Legally Buy Section 61960 11 Unlawful Sale or Purchase of Beer 12 or Wine, Giving False Information 13 as to Age, Buying Beer or Wine 14 Unlawfully for Another Section 61985 15 Employment of a Person Under the 16 Age of TwentyOne as an 17 Employee in Retail or Wholesale 18 or Manufacturing Liquor Business Section 6113340 19 Failure to Remove Doors from 20 Abandoned Refrigerators Section 1631010 21 Malicious Injury to Animals 22 or Personal Property Section 1611510 23 Timber, Logs, or Lumber Cutting, 24 Removing, Transporting Without 25 Permission, Valued at Less Than 26 Fifty Dollars Section 1611580 27 Littering Section 1611700 28 Larceny of a Bicycle Valued at 29 Less Than One Hundred Dollars Section 161380 30 Shoplifting Section 1613110 31 Cock Fighting Section 1617650 32 Ticket Scalping Section 1617710 33 Criminal Domestic Violence, First 34 Offense and Second Offense (B)(1) 35 and (2) second and third degree Section 162520 36 Glue Sniffing Section 44531110 37 Trespassing Section 1611755 38 Trespassing Section 1611600 39 Trespassing Section 1611610 40 Trespassing Section 1611620 41 Negligent Operation of 42 Watercraft; Operation of 43 Watercraft While Under Influence

[3433] 20 1 of Alcohol or Drugs Section 5021110 2 Negligence of Boat Livery to 3 Provide Proper Equipment and 4 Registration Section 5021120 5 Interference with Aids to 6 Navigation or Regulatory 7 Markers or Operation of 8 Watercraft in Prohibited Area Section 5021170 9 Operation of Watercraft Without 10 a Certificate of Title Section 5023190 11 Parking on private property without 12 permission Section 1611760 13 Certificate of Veterinary Inspection; 14 Requirement for Outof State 15 Livestock or Poultry Section 47460 16 Inhibition of Livestock Inspection Section 474120 17 Imported Swine Section 47650 18 Operating Equine Sales Facility or 19 Livestock Market Without Permit Section 471120 20 Liability of Person Removing 21 Livestock for Slaughter Section 4711120 22 Notice to Disinfect Section 4713310 23 Quarantine of Livestock or Poultry Section 47470 24 Unlawful for Horse to Enter 25 State Unless Tested Section 47131350 26 Quarantine of Exposed Horses Section 47131360 27 Proof of Test Required for Public 28 Assembly of Horses Section 47131370 29 False Certificates Section 47131390 30 Unlawful to Feed Garbage to Swine Section 471520 31 Notification Required from Certain 32 Persons Disposing of Garbage Section 471540 33 Sale of Uninspected Meat and Meat 34 Products Section 471760 35 Sale of Uninspected Poultry 36 and Poultry Product Section 471970” 37 38 SECTION 8. Section 162530 of the 1976 Code, as added by Act 39 59 of 2009, is amended to read: 40 41 “Section 162530. (A) It is unlawful for a person to ship, 42 transport, receive, or possess a firearm or ammunition, if the 43 person:

[3433] 21 1 (1) has been convicted of a violation of Section 162520(B) 2 or 162565; 3 (2) has been convicted of a violation of Section 162520(C) 4 or (D) and the judge at the time of sentencing orders that the 5 person is prohibited from shipping, transporting, receiving, or 6 possessing a firearm or ammunition; or 7 (3) has been convicted of domestic violence in another state, 8 tribe, or territory containing among its elements those elements 9 enumerated in Section 162520(B), Section 162565, or Section 10 162520(C) or (D) and the judge at the time of sentencing orders 11 that the person is prohibited from shipping, transporting, receiving, 12 or possessing a firearm or ammunition. 13 (B) A person who violates this section is guilty of a felony and, 14 upon conviction, must be fined not more than two thousand 15 dollars or imprisoned for not more than five years, or both. 16 (C) A person must not be considered to have been convicted of 17 domestic violence for purposes of this section unless the person 18 was represented by counsel in the case, or knowingly and 19 intelligently waived the right to counsel in the case; and in the case 20 of a prosecution for an offense described in this section for which a 21 person was entitled to a jury trial in the jurisdiction in which the 22 case was tried, either the case was tried by a jury, or the person 23 knowingly and intelligently waived the right to have the case tried 24 by a jury, by guilty plea or otherwise. A person must not be 25 considered to have been convicted of domestic violence for 26 purposes of this section if the conviction has been expunged, set 27 aside, or is an offense for which the person has been pardoned. 28 (D) At the time a person is convicted of violating the provisions 29 of Section 162520 or 162565, or upon the issuance of an order of 30 protection pursuant to Chapter 4, Title 20, the court must deliver to 31 the person a written form that conspicuously bears the following 32 language: ‘Pursuant to 18 U.S.C. Section 922, it is unlawful for a 33 person convicted of a violation of Section 162520 or 162565, or a 34 person who is subject to a valid order of protection pursuant to 35 Chapter 4, Title 20, to ship, transport, possess, or receive a firearm 36 or ammunition.’ 37 (E) The provisions of this section prohibiting the possession of 38 firearms and ammunition by persons who have been convicted of 39 domestic violence shall apply to a person who has been convicted 40 of domestic violence for a period of: 41 (1) ten years from the date of conviction, if the person has 42 been convicted of a violation of Section 162520(B); or

[3433] 22 1 (2) not more than three years from the date of conviction , the 2 specific time period in the discretion of the judge, if the person has 3 been convicted of a violation of Section 162520(C) or (D) and the 4 judge at the time of sentencing orders that the person is prohibited 5 from shipping, transporting, receiving, or possessing a firearm or 6 ammunition, with the specifics of the prohibitions in the discretion 7 of the judge. 8 Following the passage of time established in this section 9 prohibiting the possession of firearms and ammunition, the 10 person’s right to possess a firearm or ammunition shall be restored 11 provided the person is not otherwise prohibited from possessing a 12 firearm or ammunition under state law. 13 (F) If the person requests in writing to the South Carolina Law 14 Enforcement Division (SLED), SLED shall notify the National 15 Instant Criminal Background Check System(NICS) that the State 16 has restored the person’s right to possess a firearm or ammunition 17 and request immediate removal of a person’s name to whom the 18 restrictions contained in this section apply: 19 (1) ten years from the date of conviction if the person was 20 convicted of a violation of Section 162520(B) and the person has 21 not been convicted of any other domestic violence offense 22 pursuant to this article or a similar offense in another jurisdiction 23 and no domestic violence charges are currently pending against the 24 person; or 25 (2) Upon the passage of time ordered pursuant to subsection 26 (E)(2), if any, otherwise three years from the date of conviction if 27 the person was convicted of a misdemeanor domestic violence 28 offense pursuant to this article and the person has not been 29 convicted of any other domestic violence offense pursuant to this 30 article or a similar offense in another jurisdiction and no domestic 31 violence charges are currently pending against the person .” 32 33 Part III 34 35 Bond Reform 36 37 SECTION 9. Section 171530 of the 1976 Code, as last amended 38 by Act 144 of 2014, is further amended to read: 39 40 “Section 171530. (A) In determining conditions of release 41 that will reasonably assure appearance, or if release would 42 constitute an unreasonable danger to the community or an 43 individual, a court may, on the basis of the following information,

[3433] 23 1 consider the nature and circumstances of an offense charged and 2 the charged person’s: 3 (1) family ties; 4 (2) employment; 5 (3) financial resources; 6 (4) character and mental condition; 7 (5) length of residence in the community; 8 (6) record of convictions; and 9 (7) record of flight to avoid prosecution or failure to appear 10 at other court proceedings. 11 (B) A court shall consider: 12 (1) a person’s criminal record; 13 (2) any charges pending against a person at the time release 14 is requested; 15 (3) all incident reports generated as a result of an offense 16 charged; 17 (4) whether a person is an alien unlawfully present in the 18 United States, and poses a substantial flight risk due to this status; 19 and 20 (5) whether the charged person appears in the state gang 21 database maintained at the State Law Enforcement Division. 22 (C)(1) Prior to or at the time of a hearing, the arresting law 23 enforcement agency shall provide the court with the following 24 information: 25 (a) a person’s criminal record; 26 (b) any charges pending against a person at the time 27 release is requested; 28 (c) all incident reports generated as a result of the offense 29 charged; and 30 (d) any other information that will assist the court in 31 determining conditions of release. 32 (2) The arresting law enforcement agency shall inform the 33 court if any of the information is not available at the time of the 34 hearing and the reason the information is not available. Failure on 35 the part of the law enforcement agency to provide the court with 36 the information does not constitute grounds for the postponement 37 or delay of the person’s hearing. Notwithstanding the provisions 38 of this item, when a person is charged with a violation of Chapter 39 25, Title 16, the bond hearing may not proceed without the 40 person’s criminal record and incident report or the presence of the 41 arresting officer. The bond hearing for a violation of Chapter 25, 42 Title 16 must occur within twentyfour hours after the arrest.

[3433] 24 1 (D) A court hearing these matters has contempt powers to 2 enforce the provisions of this section. 3 (E) Within twenty-four hours after the filing of a rule to show 4 cause alleging a violation of a condition of the bond, the court 5 shall schedule an emergency hearing and may issue a bench 6 warrant for contempt if the party fails to appear. The court may 7 revoke bond if the court finds the party failed to adhere to a 8 condition of the bond.” 9 10 SECTION 10. Section 225510 of the 1976 Code, as last 11 amended by Act 144 of 2014, is further amended to read: 12 13 “Section 225510. (A) Magistrates may admit to bail a person 14 charged with an offense, the punishment of which is not death or 15 imprisonment for life; provided, however, with respect to violent 16 offenses as defined by the General Assembly pursuant to Section 17 15, Article I of the Constitution of South Carolina, 1895, 18 magistrates may deny bail giving due weight to the evidence and 19 to the nature and circumstances of the event, including, but not 20 limited to, any charges pending against the person requesting bail. 21 ‘Violent offenses’ as used in this section means the offenses 22 contained in Section 16160. If a person under lawful arrest on a 23 charge not bailable is brought before a magistrate, the magistrate 24 shall commit the person to jail. If the offense charged is bailable, 25 the magistrate shall take recognizance with sufficient surety, if it is 26 offered, in default whereof the person must be incarcerated. 27 (B) A person charged with a bailable offense must have a bond 28 hearing within twentyfour hours of his arrest and must be released 29 within a reasonable time, not to exceed four hours, after the bond 30 is delivered to the incarcerating facility. 31 (C) In determining conditions of release that will reasonably 32 assure appearance, or if release would constitute an unreasonable 33 danger to the community or an individual, a court, on the basis of 34 the following information, may consider the nature and 35 circumstances of an offense charged and the charged person’s: 36 (1) family ties; 37 (2) employment; 38 (3) financial resources; 39 (4) character and mental condition; 40 (5) length of residence in the community; 41 (6) record of convictions; and 42 (7) record of flight to avoid prosecution or failure to appear 43 at other court proceedings.

[3433] 25 1 (D) A court shall consider: 2 (1) a person’s criminal record; 3 (2) any charges pending against a person at the time release 4 is requested; 5 (3) all incident reports generated as a result of an offense 6 charged; 7 (4) whether a person is an alien unlawfully present in the 8 United States, and poses a substantial flight risk due to this status; 9 and 10 (5) whether the charged person appears in the state gang 11 database maintained at the State Law Enforcement Division. 12 (E) Prior to or at the time of the bond hearing, the arresting law 13 enforcement agency shall provide the court with the following 14 information: 15 (1) the person’s criminal record; 16 (2) any charges pending against the person at the time 17 release is requested; 18 (3) all incident reports generated as a result of the offense 19 charged; and 20 (4) any other information that will assist the court in 21 determining conditions of release. 22 (F) The arresting law enforcement agency shall inform the 23 court if any of the information required in subsections (C), (D), 24 and (E) is not available at the time of the hearing and the reason 25 the information is not available. Failure on the part of the law 26 enforcement agency to provide the court with the information does 27 not constitute grounds for the postponement or delay of the 28 person’s bond hearing. Notwithstanding the provisions of this 29 subsection, when a person is charged with a violation of Chapter 30 25, Title 16, the bond hearing may not proceed without the 31 person’s criminal record and incident report or the presence of the 32 arresting officer. The bond hearing for a violation of Chapter 25, 33 Title 16 must occur within twentyfour hours after the arrest. 34 (G) A court hearing this matter has contempt powers to enforce 35 these provisions. 36 (H) Within twenty-four hours after the filing of a rule to show 37 cause alleging a violation of a condition of the bond, the court 38 shall schedule an emergency hearing and may issue a bench 39 warrant for contempt if the party fails to appear. The court may 40 revoke bond if the court finds the party failed to adhere to a 41 condition of the bond.” 42

[3433] 26 1 SECTION 11. Section 171510 of the 1976 Code is amended to 2 read: 3 4 “Section 171510. (A) Any A person charged with a noncapital 5 offense triable in either the magistrates, county or circuit court, 6 shall, at his appearance before any of such courts, be ordered 7 released pending trial on his own recognizance without surety in 8 an amount specified by the court, unless the court determines in its 9 discretion that such a release will not reasonably assure the 10 appearance of the person as required, or unreasonable danger to the 11 community or an individual will result. If such a determination is 12 made by the court, it may impose any one or more of the following 13 conditions of release: 14 (1) require the execution of an appearance bond in a 15 specified amount with good and sufficient surety or sureties 16 approved by the court; 17 (2) place the person in the custody of a designated person or 18 organization agreeing to supervise him; 19 (3) place restrictions on the travel, association, or place of 20 abode of the person during the period of release; 21 (4) impose any other conditions deemed reasonably 22 necessary to assure appearance as required, including a condition 23 that the person return to custody after specified hours. 24 (B) Any A person charged with the offense of burglary in the 25 first degree pursuant to Section 1611311 may have his bond 26 hearing for that charge in summary court unless the solicitor 27 objects.” 28 29 SECTION 12. Section 1625120 (A) and (B) of the 1976 Code 30 are amended to read: 31 32 “(A) In addition to the provisions of Section 171530, the court 33 may must consider the factors provided in subsection (B) when 34 considering release of a person on bond who is charged with a 35 violent offense, as defined in Section 16160, when the victim of 36 the offense is a household member, as defined in Section 162510, 37 and the person: 38 (1) is subject to the terms of a valid order of protection or 39 restraining order at the time of the offense in this State or another 40 state; or 41 (2) has a previous conviction involving the violation of a 42 valid order of protection or restraining order in this State or 43 another state.

[3433] 27 1 (B) The court may must consider the following factors before 2 release of a person on bond who is subject to the provisions of 3 subsection (A): 4 (1) whether the person has a history of criminal domestic 5 violence, as defined in this article, or a history of other violent 6 offenses, as defined in Section 16160; 7 (2) the mental health of the person; 8 (3) whether the person has a history of violating the orders 9 of a court or other governmental agency; and 10 (4) whether the person poses a potential threat to another 11 person.” 12 13 SECTION 13. Section 171550 of the 1976 Code is amended to 14 read: 15 16 “Section 171550. The court with jurisdiction of the offense 17 may, at any time after notice and hearing, amend the order to 18 impose additional or different conditions of release.” 19 20 SECTION 14. Section 171555 of the 1976 Code, as last 21 amended by Act 144 of 2014, is further amended by adding an 22 appropriately lettered subsection at the end to read: 23 24 “( ) For the purpose of bond revocation only, a summary court 25 has concurrent jurisdiction with the circuit court for ten days from 26 the date bond is first set on a charge by the summary court to 27 determine if bond should be revoked.” 28 29 Part IV 30 31 Social Policy 32 33 SECTION 15. Section 162570(A) and (B), as last amended by 34 Act 319 of 2008, is further amended to read: 35 36 “ (A) A law enforcement officer may arrest, with or without a 37 warrant, a person at the person’s place of residence or elsewhere if 38 the officer has probable cause to believe that the person is 39 committing or has freshly committed a misdemeanor or felony 40 pursuant to the provisions of Section 162520(A) or (D), 162565, or 41 1625125, even if the act did not take place in the presence of the 42 officer. The officer may, if necessary, verify the existence of 43 probable cause related to a violation pursuant to the provisions of

[3433] 28 1 this chapter by telephone or radio communication with the 2 appropriate law enforcement agency. A law enforcement agency 3 must complete an investigation of an alleged violation of this 4 chapter even if the law enforcement agency was not notified at the 5 time the alleged violation occurred. The investigation must be 6 document on an incident report form which must be maintained by 7 the investigating agency. If an arrest warrant is sought, the law 8 enforcement agency must present the results of the investigation 9 and any other relevant evidence to a magistrate who may issue an 10 arrest warrant if probable cause is established. 11 (B) A law enforcement officer must may arrest, with or without 12 a warrant, a person at the person’s place of residence or elsewhere 13 if physical manifestations of injury to the alleged victim are 14 present and the officer has probable cause to believe that the 15 person is committing or has freshly committed a misdemeanor or 16 felony under the provisions of Section 162520(A) or (D), or 17 162565 even if the act did not take place in the presence of the 18 officer. A law enforcement officer is may not required to make an 19 arrest if he determines probable cause does not exist after 20 consideration of the factors set forth in subsection (D) and 21 observance that no physical manifestation of injury is present. The 22 officer may, if necessary, verify the existence of an order of 23 protection by telephone or radio communication with the 24 appropriate law enforcement agency.” 25 26 SECTION 16. Section 16-3-1110(8) of the 1976 Code is 27 amended to read: 28 29 “(8) ‘Victim’ means a person who suffers direct or threatened 30 physical, emotional, or financial harm as the result of an act by 31 someone else, which is a crime. The term includes immediate 32 family members of a homicide victim or of any other victim who is 33 either incompetent or a minor and includes an intervenor. The 34 term also includes a minor who is a witness to a domestic violence 35 offense pursuant to Section 16-25-20 or Section 16-25-65.” 36 37 SECTION 17. The Department of Social Services in 38 consultation with the South Carolina Voucher Program is directed 39 to study current regulations and policies to ensure a domestic 40 violence survivor may apply for childcare and receive childcare 41 services while living in a traditional shelter or while sheltering in 42 the home. The availability of such childcare must be designed to 43 assist the survivor in receiving necessary services related to the

[3433] 29 1 care of the child in order to encourage participation in relevant 2 court hearings if the survivor so chooses. The Department of 3 Social Services and the South Carolina Voucher Program shall 4 review relevant regulations as provided in this SECTION and 5 report to the General Assembly by January 1, 2016, on whether 6 current regulations are sufficient to meet the requirements of this 7 SECTION or new regulations must be submitted to the General 8 Assembly. 9 10 SECTION 18. Section 172290(7) of the 1976 Code is amended 11 to read: 12 13 “(7) if the offense is first offense criminal domestic violence 14 pursuant to Section 162520, agree in writing to successful 15 completion of a batterer’s treatment program selected by the court 16 and approved by the Department of Social Services Circuit 17 Solicitor with jurisdiction over the offense or, if the offender 18 moves to a different circuit after entering a treatment program, the 19 Circuit Solicitor for the county in which the offender resides. 20 When referring a person to a batterer’s treatment program, a court 21 may designate a program to be used based on the court’s 22 experience with the program regarding successful completion of 23 the program and the level of appropriate communication between 24 the program and the court regarding a person’s attendance.” 25 26 SECTION 19. Chapter 25, Title 16 of the 1976 Code is amended 27 by adding: 28 29 “Article 3 30 31 Domestic Violence Advisory Committee 32 33 Section 1625310. For purposes of this article: 34 (1) ‘Committee’ means the Domestic Violence Advisory 35 Committee. 36 (2) ‘Household member’ means a household member as 37 defined in Section 162510. 38 (3) ‘Meeting’ means both inperson meetings and meetings 39 through telephone conferencing. 40 (4) ‘Provider of medical care’ means a licensed health care 41 practitioner who provides, or a licensed health care facility through 42 which is provided, medical evaluation or treatment, including 43 dental and mental health evaluation or treatment.

[3433] 30 1 (5) ‘Working day’ means Monday through Friday, excluding 2 official state holidays. 3 4 Section 1625320. (A) There is created a multidisciplinary 5 Domestic Violence Advisory Committee composed of: 6 (1) the Attorney General of the State of South Carolina, or a 7 designee, who serves ex officio; 8 (2) the Director of the South Carolina Department of Social 9 Services, or a designee, who serves ex officio; 10 (3) the Director of the South Carolina Department of Health 11 and Environmental Control, or a designee, who serves ex officio; 12 (4) the Director of the South Carolina Criminal Justice 13 Academy; or a designee, who serves ex officio; 14 (5) the Chief of the South Carolina Law Enforcement 15 Division, or a designee, who serves ex officio; 16 (6) the Director of the South Carolina Department of 17 Alcohol and Other Drug Abuse Services, or a designee, who serves 18 ex officio; 19 (7) the Director of the South Carolina Department of Mental 20 Health, or a designee, who serves ex officio; 21 (8) a county coroner or medical examiner, appointed by the 22 Governor on the recommendation of the South Carolina Criminal 23 Justice Academy, who serves ex officio; 24 (9) a solicitor, appointed by the Governor on the 25 recommendation of the Attorney General, who serves ex officio; 26 (10) a sheriff, appointed by the Governor on the 27 recommendation of the Sheriffs’ Association; 28 (11) a victim advocate, appointed by the Governor on the 29 recommendation of the State Office of Victim Assistance of the 30 Office of the Governor; 31 (12) a physician with experience in treating victims of 32 domestic violence, appointed by the Governor on the 33 recommendation of the South Carolina Medical Association; 34 (13) two members of the public at large dedicated to the issue 35 of domestic violence, appointed by the Governor; 36 (14) a police chief, appointed by the Governor on the 37 recommendation of the Law Enforcement Officers’ Association; 38 (15) one member of the South Carolina Senate, appointed by 39 the Senate Judiciary Committee Chairman; and 40 (16) one member of the South Carolina House of 41 Representatives, appointed by the House Judiciary Committee 42 Chairman.

[3433] 31 1 (B)(1) If an individual enumerated in items (A)(1) through (7) 2 designates an employee to serve as the committee member, the 3 designee must have administrative or program responsibilities for 4 domestic violence. 5 (2) A member appointed by the Governor shall serve a term 6 of four years and until a successor is appointed and qualifies. 7 (C) The members of the committee shall elect a chairman and 8 vice chairman from among the membership by a majority vote. 9 The chairman and vice chairman shall serve terms of two years. 10 (D) The committee shall hold meetings at least quarterly. A 11 majority of the committee constitutes a quorum for the purpose of 12 holding a meeting. 13 (E) Each ex officio member shall provide sufficient staff and 14 administrative support to carry out the responsibilities of this 15 article. 16 17 Section 1625330. (A) The purpose of the Domestic Violence 18 Advisory Committee is to decrease the incidences of domestic 19 violence by: 20 (1) developing an understanding of the causes and 21 incidences of domestic violence; 22 (2) developing plans for and implementing changes within 23 the agencies represented on the committee which will prevent 24 domestic violence; and 25 (3) advising the Governor and the General Assembly on 26 statutory, policy, and practice changes which will prevent domestic 27 violence. 28 (B) To achieve its purpose, the committee shall: 29 (1) undertake annual statistical studies of the incidences and 30 causes of domestic violence in this State, including an analysis of: 31 (a) community and public and private agency involvement 32 with the victims and their families; 33 (b) whether the abuser has a previous criminal record 34 involving domestic violence or assault and battery; 35 (c) recidivism rates; 36 (d) the presence of alcohol or drug use; 37 (e) whether the abuser has participated in a batterer 38 treatment program or other similar treatment program and the 39 name of the program; 40 (f) the success or failure rate of approved treatment 41 programs; 42 (g) married versus unmarried rates of violence; and 43 (h) the rate of domestic violence per county;

[3433] 32 1 (2) consider training, including crossagency training, 2 consultation, technical assistance needs, and service gaps that 3 would decrease the likelihood of domestic violence; 4 (3) determine the need for changes to any statute, regulation, 5 policy, or procedure to decrease the incidences of domestic 6 violence and include proposals for changes to statutes, regulations, 7 policies, and procedures in the committee’s annual report; 8 (4) educate the public regarding the incidences and causes of 9 domestic violence, specific steps the public can undertake to 10 prevent domestic violence, and the support that civic, 11 philanthropic, and public service organizations can provide in 12 assisting the committee to educate the public; 13 (5) develop and implement policies and procedures for its 14 own governance and operation; 15 (6) submit to the Governor and the General Assembly a 16 publicly available annual written report and any other reports 17 prepared by the committee including, but not limited to, the 18 committee’s findings and recommendations; and 19 (7) review closed domestic violence cases selected by the 20 Attorney General or solicitor’s representative on the committee to 21 provide the commission with the best opportunity to fulfill its 22 duties under the section. 23 24 Section 1625340. Upon request of the committee and as 25 necessary to carry out the committee’s purpose and duties, the 26 committee immediately must be provided: 27 (1) by a provider of medical care, access to information and 28 records regarding a person whose death is being reviewed by the 29 department pursuant to this article; 30 (2) access to all information and records maintained by any 31 state, county, or local government agency including, but not 32 limited to, birth certificates, law enforcement investigation data, 33 county coroner or medical examiner investigation data, parole and 34 probation information and records, and information and records of 35 social services and health agencies that provided services to the 36 victim, alleged perpetrator, and other household members. 37 38 Section 1625350. When necessary in the discharge of the 39 duties of the committee and upon application of the committee, the 40 clerks of court shall issue a subpoena or subpoena duces tecum to 41 any state, county, or local agency, board, or commission or to a 42 representative of any state, county, or local agency, board, or 43 commission or to a provider of medical care to compel the

[3433] 33 1 attendance of witnesses and production of documents, books, 2 papers, correspondence, memoranda, and other relevant records to 3 the discharge of the department’s duties. Failure to obey a 4 subpoena or subpoena duces tecum issued pursuant to this section 5 may be punished as contempt. 6 7 Section 1625360. (A) Meetings of the committee are closed to 8 the public and are not subject to Chapter 4, Title 30, the Freedom 9 of Information Act, when the committee and department are 10 discussing an individual case of a domestic violence. 11 (B) Except as provided in subsection (C), meetings of the 12 committee are open to the public and subject to the Freedom of 13 Information Act when the committee is not discussing an 14 individual case of a domestic violence. 15 (C) Information identifying a victim or a household member, 16 guardian, or caretaker of a victim, or an alleged or suspected 17 perpetrator of domestic violence may not be disclosed during a 18 public meeting, and information regarding the involvement of any 19 agency with the victim, alleged perpetrator, and other household 20 members may not be disclosed during a public meeting. 21 (D) Violation of this section is a misdemeanor and, upon 22 conviction, a person must be fined not more than five hundred 23 dollars or imprisoned not more than six months, or both. 24 25 Section 1625370. (A) All information and records acquired by 26 the committee in the exercise of their purposes and duties pursuant 27 to this article are confidential, exempt from disclosure under 28 Chapter 4, Title 30, the Freedom of Information Act, and only may 29 be disclosed as necessary to carry out the committee’s and 30 department’s duties and purposes. 31 (B) Statistical compilations of data which do not contain 32 information that would permit the identification of a person to be 33 ascertained are public records. 34 (C) Reports of the committee which do not contain information 35 that would permit the identification of a person to be ascertained 36 are public information. 37 (D) Except as necessary to carry out the committee’s purposes 38 and duties, members of the committee and persons attending their 39 meeting may not disclose what transpired at a meeting which is not 40 public under Section 1625360 and may not disclose information, 41 the disclosure of which is prohibited by this section. 42 (E) Members of the committee, persons attending a committee 43 meeting, and persons who present information to the committee

[3433] 34 1 may not be required to disclose in any civil or criminal proceeding 2 information presented in or opinions formed as a result of a 3 meeting, except that information available from other sources is 4 not immune from introduction into evidence through those sources 5 solely because it was presented during proceedings of the 6 committee or department or because it is maintained by the 7 committee or department. Nothing in this subsection prevents a 8 person from testifying to information obtained independently of 9 the committee or which is public information. 10 (F) Information, documents, and records of the committee are 11 not subject to subpoena, discovery, or the Freedom of Information 12 Act, except that information, documents, and records otherwise 13 available from other sources are not immune from subpoena, 14 discovery, or the Freedom of Information Act through those 15 sources solely because they were presented during proceedings of 16 the committee or department or because they are maintained by the 17 committee or department. 18 (G) Violation of this section is a misdemeanor and, upon 19 conviction, a person must be fined not more than five hundred 20 dollars or imprisoned for not more than six months, or both.” 21 22 SECTION 20. Chapter 25, Title 16 of the 1976 Code is amended 23 by adding: 24 25 “Article 5 26 27 Community Domestic Violence Coordinating Councils 28 29 Section 1625510. The circuit solicitor shall facilitate the 30 development of community domestic violence coordinating 31 councils in each county or judicial circuit based upon publicprivate 32 sector collaboration. 33 34 Section 1625520. The purpose of a community domestic 35 violence coordinating council is to: 36 (1) increase the awareness and understanding of domestic 37 violence and its consequences; 38 (2) reduce the incidence of domestic violence in the county or 39 area served; and 40 (3) enhance and ensure the safety of battered individuals and 41 their children. 42

[3433] 35 1 Section 1625530. The duties and responsibilities of a 2 community domestic violence coordinating council include, but 3 are not limited to: 4 (1) promoting effective strategies of intervention for 5 identifying the existence of domestic violence and for intervention 6 by public and private agencies; 7 (2) establishing interdisciplinary and interagency protocols for 8 intervention with survivors of domestic violence; 9 (3) facilitating communication and cooperation among 10 agencies and organizations that are responsible for addressing 11 domestic violence; 12 (4) monitoring, evaluating, and improving the quality and 13 effectiveness of domestic violence services and protections in the 14 community; 15 (5) providing public education and prevention activities; and 16 (6) providing professional training and continuing education 17 activities. 18 19 Section 1625540. Membership on a community domestic 20 violence coordinating council may include, but is not limited to, 21 representatives from magistrates court, family court, law 22 enforcement, solicitor’s office, probation and parole, batterer 23 intervention programs or services, nonprofit battered individual’s 24 program advocates, counseling services for children, legal 25 services, victim assistance programs, the medical profession, 26 substance abuse counseling programs, the clergy, survivors of 27 domestic violence, local department of social services, and the 28 education community. Members on the council shall develop 29 memoranda of agreement among and between themselves to 30 ensure clarity of roles and responsibilities in providing services to 31 victims of domestic violence. 32 33 Section 1625550. Each community domestic violence 34 coordinating council is responsible for generating revenue for its 35 operation and administration.” 36 37 SECTION 21. Section 593230(A)(2) of the 1976 Code is 38 amended to read: 39 40 “(2) Beginning with the 198889 19881989 school year, for 41 grades six through eight, instruction in comprehensive health must 42 include the following subjects: community health, consumer 43 health, environmental health, growth and development, nutritional

[3433] 36 1 health, personal health, prevention and control of diseases and 2 disorders, safety and accident prevention, substance use and abuse, 3 dental health, mental and emotional health, and reproductive health 4 education. Sexually transmitted diseases are to be included as a 5 part of instruction. At the discretion of the local board, instruction 6 in family life education or pregnancy prevention education or both 7 may be included, but instruction in these subjects may not include 8 an explanation of the methods of contraception before the sixth 9 grade. Beginning with the 20162017 school year, for grades six 10 through eight, instruction in comprehensive health education also 11 must include the subject of domestic violence.” 12 13 SECTION 22. Sections 22-3-546 and 431260 of the 1976 Code 14 are repealed. 15 16 Part V 17 18 Savings Clause and Effective Date 19 20 SECTION 23. The repeal or amendment by this act of any law, 21 whether temporary or permanent or civil or criminal, does not 22 affect pending actions, rights, duties, or liabilities founded thereon, 23 or alter, discharge, release or extinguish any penalty, forfeiture, or 24 liability incurred under the repealed or amended law, unless the 25 repealed or amended provision shall so expressly provide. After 26 the effective date of this act, all laws repealed or amended by this 27 act must be taken and treated as remaining in full force and effect 28 for the purpose of sustaining any pending or vested right, civil 29 action, special proceeding, criminal prosecution, or appeal existing 30 as of the effective date of this act, and for the enforcement of 31 rights, duties, penalties, forfeitures, and liabilities as they stood 32 under the repealed or amended laws. 33 34 SECTION 24. This act takes effect upon approval by the 35 Governor. 36 XX 37

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