A House subcommittee approved a bill Wednesday to
toughen South Carolina?s domestic violence laws. But some
prosecutors who handle criminal domestic violence cases say they
don?t think the bill?s penalties are strict enough and it?s not a
good enough deterrent.
State Attorney General Henry McMaster is supporting
the bill and testified Wednesday morning before the House Criminal
Laws subcommittee. He thinks it will help bring down the state?s
high domestic violence numbers. "By making it a felony also, and
classifying it as a violent crime, what that does is it has
implications in the truth-in-sentencing law, which has limitations
on parole," he said.
Spartanburg Sen. Jim Ritchie is the bill?s main
sponsor. When asked about the assistant solicitors? comments, he
said, "Well, I very much disagree with them. And the solicitors I?ve
spoken with in my own circuit share their support of the bill. In
fact, they believe that calling it a felony for serious bodily
injury is very important to a deterrent, as well as the stepped up
penalties for repeat offenders is a deterrent."
The bill would leave as misdemeanors first and
second offenses of domestic violence, with maximum penalties of 30
days in jail or a $500 fine. Ritchie?s bill would make a third
offense a felony and would classify criminal domestic violence of a
high and aggravated nature a violent crime. That would make it
qualify for the state?s truth-in-sentencing law, so an abuser would
have serve at least 85 percent of his sentence.
The bill also would allow judges to suspend part of
an abuser?s sentence if he completes a 26-week treatment and
counseling course. That course has been successful in other states
at keeping offenders from abusing again, according to victim
advocates.
But why not make the laws even tougher, since South
Carolina has the third highest rate in the nation of women being
killed by abusive men? Sen. Ritchie says, "Well, I?d like to think
we can toughen the laws over time. But I?m working now to try to
step up from the bare minimum that we have today, to put some teeth
in the most violent criminals and attack the repeat offenders, which
are the real problems. And if this works well, then I think the
legislature will have an appetite to come back and do more in the
future."
One viewer whose ex-boyfriend has been convicted
five times of domestic violence against her wonders why he keeps
getting out of jail, when the state has a
three-strikes-and-you?re-out law. But domestic violence is not
included in the offenses that trigger that law now, and it still
wouldn?t be under this new bill. Sen. Ritchie says, "I understand
her concern, and we?re trying to address that by calling it a
violent crime with mandatory minimum sentences that the judge cannot
go below. And I think that will go a great way to breaking that
cycle of repeat offenders."
The bill has already passed the full Senate. With
its passage in the House subcommittee it now goes to the full House
Judiciary committee, then would go on to the full House.
This isn?t the first time state lawmakers have
tackled domestic violence. In 2001, they passed a law raising
marriage license fees by $20. That money is split between the
state?s 13 domestic violence programs and shelters. It brought in
around $600,000 in its first year, but it?s expected to bring in
about $800,000 the second year. That?s because the law took effect
July 1, 2001, but Gov. Jim Hodges didn?t actually sign it until
September, so some larger municipalities didn?t collect the higher
fee for the first two months.