Public Policy

 

IMMEDIATE 2014 Legislative Priorities

The State Appropriations Bill Lead efforts to increase recurring funds to direct service rape crisis centers.  SCCADVASA has requested a $500,000 increase.
Omnibus Domestic Violence Bill H.4343 (Sellers)Omnibus DV Bill would, in part:

  • Increase the penalty for a criminal domestic violence first offense
  • Mandate batterer intervention treatment completion
  • Mirror the federal law prohibiting the possession of a firearm by anyone convicted of a dv offense
Domestic Abuse and Pets H.3361 (Cobb-Hunter)Allows Judges to award possession of animals to a Petitioner in an Order of Protection.
Mutual Orders of Protection H.3775 (Quinn)Provides that mutual orders of protection must not be granted unless both parties file a petition and the court makes detailed findings of fact indicating that both parties acted as aggressors, that neither party acted primarily in self-defense, and that the right of each party to due process is preserved.
Forthcoming CDV Legislation Senators Martin and Shealy

  • Mandate batterer intervention treatment completion
  • Mirror the federal law prohibiting the possession of a firearm by anyone convicted of a dv offense
  • Delete language providing that an offender does not have to pay for treatment if they cannot afford to do so
  • Provide for permanent no contact orders in certain cases of domestic violence, sexual violence, stalking or harassment
  • Will encompass H.3361 and H.3775

 

Bills to Watch in 2014

Dating Violence Legislation H.4465 (McLeod),  H.4481 (Alexander), and S.(869) (Jackson)Each of these bills seeks to define “dating violence” as an offense and create penalties in regards to that offense.
Criminal Sexual Conduct 2nd and 3rd H. 4401 (Cobb-Hunter)Would expand CSC in 2nd and 3rd degree under certain circumstances when the actor is in a position of familial, custodial, or official authority to coerce the victim to consent and to provide an exception when the actor engages in a noncoerced consensual encounter with another person who is over the age of 14.
Strangulation and Smothering H.4402 (Cobb-Hunter) and H.3080 (Crosby)Creates the offense of strangulation and smothering and adds this to the CDV HAN definition.
CDV Homicide Prevention Act H.4504 (Cobb-Hunter) and S.309 (Lourie)This bill contains a number of situations where firearm possession by CDV offenders will be addressed.
Permanent No Contact Order S.123 (Martin)Creates a civil no contact order for victims of certain serious crimes
Moderate Bodily Injury Definition S.273 (Martin) and H.3348 (McCoy)Amends the definition of “moderate bodily injury” as it relates to assault crimes.
Sex Offenders in Long Term Care Facilities H.3142 (Rutherford)Requires that, before admitting a person as a resident of a long term care facility, the facility determine if the person is a registered sex offender.
Juveniles and the Sex Offender Registry H.3566 (Brannon)Will provide family court with the discretion to determine whether a juvenile is placed on the sex offender registry.
Sexting S.441 (Fair, et al) and H.3857 (Erickson, et al)Defines sexting and sets penalty for a person under the age of 18 who has committed sexting.  Penalty will be fines for first two offenses rather than prosecution or addition to the sex offender registry
Civil Action and Sexual Assault H.3940 (King and Cobb-Hunter) Provides for no limitation on the commencement of a civil action based on sexual abuse or incest when the victim is under the age of 18
Sexual Exploitation of a Minor H.3959 (Kennedy, et al)Will include the appearance of a minor in a state of sexually explicit nudity in relation to the degrees of sexual exploitation of a minor