COLUMBIA - As the House resumes debate Tuesday on a bill to toughen penalties in domestic-violence cases, local lawmakers say they strongly support the measure and they were ashamed that some joked about the issue.

Horry County consistently rates high in domestic-violence incidents, and the state also ranks among the top in the nation for incidents.

The issue of increasing domestic-violence penalties as a way to cut the incidents came into focus two weeks ago when the House Judiciary Committee approved a bill making cockfighting a felony but killed one that made criminal domestic violence a felony.

At the same time, Rep. John Altman, R-Charleston, made jokes about the bill's acronym and said women should not go back to men who abuse them.

The House leadership, including Speaker David Wilkins, R-Greenville, was disturbed enough to rush a new bill with tougher penalties to the House floor last week, bypassing the committee process. The bill stalled Thursday and will be up for debate when the House recon-
venes Tuesday.

Reps. Alan Clemmons, R-
Myrtle Beach, and Thad Viers, R-Myrtle Beach, are members of the Judiciary Committee. Neither was involved in the snickering and joking about the bill, said Laura Hudson, a victim's advocate who was at the meeting.

Viers said he has friends who have been involved in domestic-violence incidents and that it is no laughing matter.

Viers and Clemmons said the bill that was killed that day had flaws, but they support increasing the penalties with the new bill. Viers is a sponsor of the new bill.

"Criminal domestic violence is a tragedy, and we lead the nation in that, and we have to have a serious discussion about it, and we have to have a serious penalty in law for it," Viers said.

"A battering spouse should not be able to hide behind his marriage certificate," Clemmons said.

Clemmons has an illustration of the difference in the penalties: A couple is walking down the aisle to be married, and the man punches the woman in the face and knocks her down. That is assault and battery, a serious crime, he said.

But if the couple is walking up the aisle after taking their vows and the man punches his wife and knocks her down, that is a misdemeanor, Clemmons said.

Clemmons said legislators have been bombarded with e-mail from constituents saying the lawmakers value chickens' lives more than those of abuse victims.

It's not true that they care more about chickens, it's just bad timing that gave the ready comparison with the cockfighting bill, Clemmons said.

He said he was a sponsor of a measure two years ago that made domestic battery a felony if a deadly weapon was used.

The bill that was killed gave judges no discretion, unlike in any other criminal charge, said Clemmons, a lawyer. A judge could not dismiss a case even if the parties and the prosecutor wanted to. Judges could not take guilty pleas but would have to hold a trial, and they could not grant pretrial intervention, he said.

"That will lead to further clogging our courts," he said.

Viers said the way the bill was worded, if he got in a fight with his brother in his home, he would be charged with criminal domestic violence.

The new bill is "a cleaner bill" that is easier to read and understand, he said.

The bill was under debate when the House adjourned Thursday, with some members trying to weaken it. Rep. Todd Rutherford, D-Columbia, proposed an amendment that would allow those convicted of criminal domestic violence to have their records expunged after a year if they did not offend again and if they completed counseling. That option is not available to people convicted of other crimes.

Legislators say some form of the bill will pass.

"This bill is a step in the right direction, but I'm very sorry this bill took on the politics it did," said Rep. Vida Miller, D-Pawleys Island. The timing with the cockfighting bill was unfortunate but possibly caused the domestic-violence bill to move quicker, she said.

Some legislators have been trying for years to raise the penalties for domestic violence, but with 15 women in the General Assembly, "unless you get some real sympathetic men," such issues get little attention, Miller said.

Rep. Billy Witherspoon, R-
Conway, said it's "a shame" the cockfighting penalty should be higher than domestic violence.

"I just think if people want to fuss and fight, that's wrong, and whoever the culprit is ought to pay the price for it," Witherspoon said.

Rep. Carl Anderson, D-
Georgetown, said he has "strong feelings" that people in domestic relationships should not beat up each other, but if they do, the penalties should be stronger than they are now.

The bill also should include measures requiring counseling for people involved in domestic violence and ways to help victims escape dangerous circumstances, said Rep. Nelson Hardwick, R-Surfside Beach.

"It takes two people to fight," and the state could do more to stop the violence before it happens, he said.

Whatever the House passes should fare well in the Senate, said Sen. Dick Elliott, D-North Myrtle Beach.

"It'll go through here like hot butter," Elliott said.

Sen. Ray Cleary, R-Murrells Inlet, agreed.

"I think we all realize that domestic violence is a major problem in our country today," Cleary said.

Miller said she would like to see the state offer more in the form of counseling and safe harbor in domestic-violence cases but that this bill is a good step.

She said people who are interested in the issue can help.

"I hope women, and men who support women, remain vigilant through this process and contact their legislators," she said. "We have a great opportunity to make a difference."

Contact ZANE WILSON at 520-0397 or zwilson@thesunnews.com.

Horry County consistently ranks high in domestic-violence incidents. In 2002 and 2003, the most recent years for which figures were available, it was third in the state.

The state consistently ranks between first and sixth in the nation in domestic-violence deaths.

In South Carolina, there were 36 domestic-violence homicides in 2003 and a total of 35,500 victims of domestic violence; there were 29 domestic homicides in 2002.

In Horry County, there were 2,844 victims in 2003 and one death; in 2002, there were 2,574 victims and no deaths.

In Georgetown County, there were 525 victims in 2003 and 508 in 2002 with no deaths.

So far in 2005, four criminal domestic-violence deaths have been recorded in Horry and Georgetown counties.

Sources: S.C. Attorney General, Citizens Against Spouse Abuse

# HTMLInfoBox~~Current law vs. proposed legislation

Current law | First and second criminal domestic-violence offenses are misdemeanors with 30 days in jail or a $500 fine. A third offense is a misdemeanor with up to three years in prison. If a deadly weapon is used, the charge can be criminal domestic violence of a high and aggravated nature, a felony with up to 10 years in prison.

Proposed law | First offense would be a misdemeanor with 30 days in jail or fine up to $2,500. A second offense would be a misdemeanor with 30 days to one year and $5,000 fine. A third offense would be a felony with one to five years in prison.