Bills filed during the 2015 legislative session
List of Senate Bills:
S.3 By Senators Martin, Shealy, Malloy, et.al.
This bill would create 1st, 2nd, and 3rd degrees offenses for CDV and provide for enhanced penalties.
The bill would also codify provisions of the Lautenberg Amendment in state statute.
Finally, the bill would provide that a victim, victim’s family, or witness of a sexual assault, CDV, or stalking or harassment may apply for a permanent no contact order.
Status: The bill was signed by the Governor on June 4, 2015.
S.19 By Senator Jackson
Creates the offense of Dating Violence. This is the same bill that Representative McLeod has introduced in the House and the same bill that Senator Jackson introduced in 2014.
S.151 By Senators Shealy and Turner
This bill, relating to child custody, would define the term ‘Shared custody’ to mean that both parents have equal rights and responsibilities and share, in the manner set forth in the shared parenting plan approved by the court, the major decisions concerning the child and all or part of the physical and legal care of the child. The child must spend an equal amount of parenting time but not less than thirty-five percent of custody time with each parent.
Status: A Senate Judiciary subcommittee met on the bill and carried it over indefinitely.
S.172 By Senator Kimpson
Employer must provide earned and unearned paid sick leave to be used by an employee to treat the psychological or physical effects of domestic violence
S. 183 By Senator Hayes
This bill would provide that a victim of human trafficking convicted of a violation of the article or prostitution may motion the court to vacate the conviction and expunge the record of the conviction. The court may grant the motion on a finding that the person’s participation in the offense was a direct result of being a victim. A victim of trafficking in persons is not subject to prosecution pursuant to this article or prostitution, if the victim was a minor at the time of the offense and committed the offense as a direct result of, or incidental or related to, trafficking.
The bill would also provided that to the extent that funds are appropriated, the Attorney General’s interagency task force may make grants to or contract with a state agency, local government, or private victim’s service organization to develop or expand service programs for victim’s. A recipient of a grant or contract shall report annually to the task force the number and demographic information of all victims receiving services pursuant to the grant or contract.
Status: The bill was signed by the Governor on June 8, 2015.
S.190 By Senators Fair and Jackson
The bill provides noncriminal fines for sexting 1st and 2nd offenses. The bill provides that a 3rd offense is a misdemeanor.
S.363 By Senator Alexander
Teen Dating Violence Awareness Month
S.468 By Senators Bryant and Bright
Conception of a child as a result of a criminal sexual conduct will terminate the rights of that biological parent, unless the sentencing court makes specific findings on the record that the conviction resulted from consensual sexual conduct when neither the victim nor the actor were younger than fourteen years of age nor older than eighteen years of age at the time of the offense.
S.508 By Senators Shealy and Kimpson
This bill would add the subject of domestic violence to the list of subjects taught in the comprehensive health education program.
Status: The bill is before the Senate Education K – 12 subcommittee. Ginny Waller has testified regarding an amendment which would provide details as to the curriculum for the domestic violence course.
S.524 By Senators Hembree and Fair
This bill relating to the offense of indecent exposure would provide that a corrections or detention facility is a public place for purposes of the statute, and the sentence for an indecent exposure which takes place in a corrections or detention facility would run consecutively to any other sentence.
Status: The bill was amended and reported out of a Senate Judiciary subcommittee. The bill will be before the full committee when the legislature reconvenes in January.
S.574 By Senators Hutto, Shealy, and Johnson, et al
The bill defines medically accurate information as information supported by peer-reviewed research that complies with accepted scientific methods, published in or by medical, scientific, psychological, sociological, governmental, or public health publications, organizations, or agencies such as the United States Centers for Disease Control and Prevention or the United States Health and Human Services Office of Adolescent Health. It also provides that the provision passed in 2014 requiring instruction in sexual abuse and assault awareness and prevention to all students in four-year-old kindergarten, where offered, through twelfth grade be “medically accurate.”
Status: The bill was reported out of the Senate Education Committee with an amendment. The bill is on the Senate calendar with Senator Fair desiring to be present.
List of House Bills
H.3017 By Representative Brannon
The bill provides that the family court shall use its discretion to determine whether a juvenile is placed on the sex offender registry.
H. 3032 By Representative Cobb-Hunter
The bill creates the felony offenses of strangulation and smothering and provides that both may qualify as a CDVHAN if they result in serious bodily injury or death.
H.3033 By Representative Cobb-Hunter
The bill provides that before any sale, exchange, or transfer of a firearm pursuant to the provisions of the article, a national instant criminal background check pursuant to 18 U.S.C. Section 922 must be completed by a licensed dealer who consents to conduct the check, and upon completion of the background check, shall complete a document, the form of which shall be approved by the Chief of the State Law Enforcement Division (SLED), that identifies and confirms that the check was performed.
H.3034 By Representative Cobb-Hunter
This bill provides for the CDV Homicide Prevention Act and would codify in state law the provisions of the Lautenberg Amendment
H.3043 By Representative Dillard
The bill would create the “Storage of firearms to protect children” act.
H.3053 By Representative Gilliard
The bill prohibits the use of firearms in such a way that may endanger a child.
H.3114 By Representative Nanney, et al
This bill would enact the South Carolina Pain-Capable Unborn Child Protection Act to provide that an abortion may not be performed if the probable post-fertilization age of the unborn child is twenty or more weeks.
Status: House and Senate conferees were appointed on June 4, 2015.
H.3133 By Representative Rutherford
This bill provides that when a registered juvenile sex offender reaches twenty-one years of age or is otherwise released from the custody of the Department of Juvenile Justice, the county solicitor must petition the family court to continue the person’s registration to the sex offender registry maintained by SLED.
Status: The bill was amended by the House Judiciary Committee but was subsequently re- committed back to the House Judiciary Committee on May 21, 2015.
H.3222 By Representatives McLeod, Cobb-Hunter, and Knight.
This bill would require the Department of Education to develop a model dating violence policy.
H.3224 By Representatives McLeod, Cobb-Hunter, and Knight.
This bill would create the offense of dating violence and provide for penalties. This is the bill that Representative McLeod introduced in 2014.
H.3287 By Representative Crosby.
This bill would provide penalties for strangulation and smothering.
H.3433 By Representative Erickson, et al.
Omnibus CDV bill voted on by the CDV Task Force. This bill is similar to S. 3, but does not include the provision prohibiting possession of a firearm by a convicted CDV offender or one who is the current subject of an order of protection. This bill does include several provisions not included in the Senate bill: the creation of a Domestic Violence Fatality Review Committee and other provisions regarding offender intervention programs.
H.3447 By Representative Horne,
Comprehensive Health Education Act. Provides for “medically accurate” information to be taught on reproductive health in the public schools.
H.3457 By Representative Norrell,
This bill would make it unlawful to disseminate explicit sexual material with intent to cause emotional distress.
H.3458 By Representative Norrell,
Teen Dating Violence Awareness Act. Provides that ‘Teen dating violence’ is physical, sexual, psychological, or emotional violence between persons, whether heterosexual or same gender, eighteen years of age or younger within a dating relationship.
This is the same bill that Representative Norrell introduced in 2014.
H.3842 By Representatives Long, Erickson, and Allison
This bill would provide that someone convicted of domestic violence would no longer be eligible to receive alimony from the victim of the offense. A victim of a domestic violence offense may petition the family court with jurisdiction over the matter for termination of alimony which must be considered a substantial change in circumstances and the court shall order the termination of alimony.
H.3462 By Representative Crosby,
Domestic Violence Awareness Education Act. Provides that before January 1, 2016, the Department of Education shall develop a model domestic violence policy to assist schools in developing and implementing policies for the manner in which students and employees of the district may report a suspected incident of domestic violence.
- 3854 By Representatives Limehouse and Brannon, et al.
This bill would enact the “Report a Bully in School Website Act.”
- 3873 By Representatives Toole, Long, and Erickson
This bill, relating to sexual battery with a student, would include all victims 16 years of age or older in the same category (currently, the perpetrator is treated differently if the victim is 18 year old) and would strengthen some of the penalties of the offense.
- 4028 By Representatives Corley, Clary, Collins, et al
This bill, relating to the sex offender registry and sexually violent predators, would add more requirements for certain persons required to register.
- 4263 By Representatives Erickson, Mia McLeod, Collins, and Long
This bill, relating to the sex offender registry, would give the family court discretion to determine whether a juvenile fourteen years of age or older is placed on the sex offender registry and required to comply with registration requirements. In making this determination, the court shall consider a number of factors. The bill would prohibit family courts from placing a child under the age of fourteen on the registry and would allow juveniles placed on the registry to petition the court for removal upon reaching the age of twenty-one.