COLUMBIA--Fueled by emotion and the controversial statements of a Charleston legislator, a bill tackling tougher domestic violence penalties went from dead to red hot in just a few days.

While women's advocates say it's progress they have been pushing for years, some lawmakers are concerned the momentum could do more harm than good and they put the brakes on the bill last week.

MARY ANN CHASTAIN/AP Supporters of tougher domestic violence legislation hold signs during a rally Wednesday at the Statehouse in Columbia. Shown are Lelia Bowman of Lugoff (from left); Samantha Smith of Irmo, dressed as a battered woman; Megan Paul of Columbia; and Kay Mixon of Aiken (seated).

Rep. Todd Rutherford, D-Columbia, and a handful of Democrats say the bill goes too far, too fast. He hopes to address the problems with a few amendments this week.

The new bill says:

-- The first conviction on criminal domestic violence is a misdemeanor that can bring up to 30 days in jail and a fine up to $2,500. The current penalty is 30 days in jail or a $500 fine.

-- A second offense is a misdemeanor that brings a minimum of 30 days to a maximum of one year behind bars with up to $5,000 in fines. That's up from the current penalty of 30 days and a $500 fine.

-- A third offense would be a felony with one to five years in prison. That crime now is a misdemeanor with up to three years in prison.

Under the bill, nothing would change for current criminal domestic violence laws when the crime involves serious injury, threat of death or the use of weapons. Those offenses already are felonies with up to 10 years in prison.

Supporters of tougher criminal domestic violence legislation want tougher penalties and plan to ride the momentum to the end.

Had Rep. John Graham Altman, R-Charleston, "not been willing to display his ignorance for the country to see, it would not be on the fast track it is right now," said Rep. Gilda Cobb-Hunter, D-Orangeburg.

It all flared when Altman was asked to explain why Cobb-Hunter's domestic violence bill had died in a subcommittee. He infuriated women around the country by questioning why women return to abusive relationships.

"I do not understand why women continue to go back around men who abuse them," Altman told a WIS-TV reporter.

The public outcry from the report pushed Altman to apologize and House leaders to revive legislation.

"I think most of it is based on emotion and real interest in proving to the world that the South Carolina Legislature does care about protecting battered women," Cobb-Hunter said.

The new bill has picked up new sponsors, including Altman, but lost Cobb-Hunter. She complained about Republicans taking marquee roles as co-sponsors -- an effort she said was aimed at rehabilitating the GOP's image.

Rutherford is concerned the bill takes flexibility away from judges, saying people facing criminal domestic charges will go to trial instead of pleading guilty.

That stands to clog court dockets and usually works in the defendant's favor, because victims would be less likely to help prosecutors the longer it takes for case to get to trial, Rutherford said.