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New Bill Aims to Close Loopholes in Domestic Violence Laws

News Channel 7
Wednesday, April 21, 2004

A disturbing fact about South Carolina's laws on domestic violence has two House members working together to change it. "We still in this state have a stiffer penalty for people who beat their dog than we have for people who beat their partner," says Rep. Gilda Cobb-Hunter, an Orangeburg Democrat who's executive director of a domestic violence center.

She's been working with Rep. Bob Leach, R-Greer, on a bill they call the POWER Act, with POWER short for Protecting Our Women in Every Relationship. "What we're trying to do is to close the loopholes on men that beat women up and never go to jail and are never prosecuted for it," says Rep. Leach.

It's an unusual alliance of a white, male, conservative Republican and a black, female, liberal Democrat. But they say they've put aside any differences they have to try to do something about the state's horrific domestic violence problem.

"With South Carolina leading the nation in women losing their lives to their partners, it's time for us to do something different," says Rep. Cobb-Hunter.

One change the bill would make is to prevent a criminal domestic violence charge from being dismissed just because the victim or victim's attorney is not at a hearing. Rep. Cobb-Hunter says many victims don't show up because they're afraid of retaliation.

The bill would prevent any criminal domestic violence conviction from being expunged from someone's record, and would make anyone charged with criminal domestic violence ineligible for a pre-trial intervention program. 

Anyone who violates an order of protection would be given an absolute 14-day jail sentence that could not be suspended. And the minimum penalty would be raised to 48 hours in jail, which also could not be suspended.

The bill would raise the penalty for criminal domestic violence of a high and aggravated nature to at least one year in prison, which could not be suspended.

Representatives Leach and Cobb-Hunter say they think the bill  has a good chance of passing this year. "I believe this is the most important legislation this year, " says Rep. Leach.

 

 
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