Amendments stall
domestic-violence bill
By RICK
BRUNDRETT Staff
Writer
Victim advocates Thursday accused a lawyer-lawmaker in the S.C.
House of trying to weaken a domestic-violence bill that would
stiffen penalties for batterers.
But the attorney-legislator under fire this time wasn’t
Republican Rep. John Graham Altman of Charleston.
Instead, it was Rep. Todd Rutherford, a Columbia Democrat.
The House adjourned debate on the bill — which was expected to be
on a fast track — until Tuesday after Rutherford planned to
introduce at least eight amendments that would strip tougher
penalties from it.
‘Todd Rutherford killed us,” said an angry Laura Hudson,
spokeswoman for the S.C. Victim Assistance Network. “This is all
about him trying to make a good living while criminal
domestic-violence victims suffer.”
But Rutherford said he believes the bill, unless changed, would
actually result in fewer convictions and court backlogs.
“Nobody in this General Assembly, including John Graham Altman,
wants to see a woman get beaten,” Rutherford said. “I don’t dispute
that we need to do something, but we’re not doing it right.”
Several state senators warned Thursday the bill could be in
jeopardy if the House doesn’t pass it next week. But Rep. Bob Leach,
R-Greenville, the lead sponsor, said he expects to get it to the
Senate by then.
“I feel we will be able to table every (amendment) that doesn’t
strengthen the bill,” Leach said.
Sen. Larry Martin, R-Pickens, said Thursday that Sen. Glenn
McConnell, president pro tempore and Judiciary Committee chairman,
appointed him to head a subcommittee to handle the House bill and
several related Senate bills. A hearing is scheduled for next
Thursday.
House leaders introduced a revised bill this week after an uproar
over what critics called insensitive remarks by Altman to a WIS
television reporter and during a House Judiciary Committee hearing
on the original bill.
The House was expected to quickly pass the bill this week. But it
stalled Thursday after Rutherford and other lawmakers began offering
amendments.
Rutherford proposed allowing convicted first-time offenders to
have their records cleared after one year if they don’t get into any
more trouble. The bill sets a five-year expungement period. The
House adjourned debate without voting on that amendment.
Rutherford was planning to offer other amendments that would
eliminate higher fines and minimum mandatory sentences.
Under the bill, the minimum fine for a first offense would be
$1,000, up from a maximum $500. For a second offense, the minimum
fine would be $2,500, up from a maximum $500.
It also calls for minimum mandatory sentences of 30 days in jail
for second offenses, and one year in prison for third and subsequent
offenses and criminal domestic violence of a high and aggravated
nature.
Rutherford said many don’t realize that defendants actually would
pay double the fine when court costs and surcharges are
included.
High out-of-pocket costs, combined with the possibility of
serving mandatory sentences, would cause more defendants to seek
more trials instead of pleading guilty, said Rutherford, a former
prosecutor. That would cause a backlog in the court system, he
said.
Trials in first-offense cases often end in acquittal because of
victims’ refusal to cooperate with authorities or a lack of evidence
of injuries, he said.
The revised bill would do more of a disservice to the victims of
criminal domestic violence, he said. He also said he has spoken with
judges and prosecutors who agree.
But fellow Democratic Rep. Gilda Cobb-Hunter of Orangeburg, the
lead sponsor of the original bill, said Rutherford’s proposal
“waters (the revised bill) down.”
“We would basically be at the status quo, and the status quo
would not be good enough for the women of this state,” she said.
Nancy Barton, director of Sistercare, which operates shelters for
battered women in the Midlands, said legislators are “resistant to
holding batterers accountable.”
But she has some concerns about increasing penalties, especially
for first-time offenders. High fines could hurt women who are
wrongly arrested and convicted of CDV, she said. Such situations can
occur when both parties accuse each other of abuse.
Rutherford wasn’t the only lawmaker Thursday to offer an
amendment to the domestic-violence bill.
The House, for example, approved an amendment by Rep. Doug Smith,
R-Spartanburg, that would make a prior domestic-violence conviction
an aggravating factor in prosecutors seeking the death penalty in a
domestic-violence slaying.
Reach Brundrett at (803) 771-8484 or rbrundrett@thestate.com |