Rep. Gilda Cobb-Hunter says creating a
new domestic violence bill to bring before the S.C. House of
Representatives before session's end is unnecessary.
In
fact, she said she's outright offended at the suggestion. But
if it will mean getting a bill passed this year for tougher
laws, she will concede. It's just that important.
"I
don't have any pride of authorship," said Cobb-Hunter, an
Orangeburg Democrat. "I want to see something get done, even
though I don't see a need for a new bill. If that's what it
takes to get something done this year, I'm all for
it."
The suggestion for a new bill came from House
Speaker David Wilkins after House Bill 3143, a domestic
violence bill that Cobb-Hunter cosponsored, was tabled by the
House Judiciary Committee this week and in the wake of
committee member Rep. John Graham Altman's comments about the
bill to a WIS-TV reporter, which have caused an uproar across
the state.
Altman, who saw a bill pass that he
championed for stiffer penalties on gamecock fighting, told
the news channel the domestic violence bill was "probably
drafted out of an abundance of ignorance."
Cobb-Hunter
said she resents Wilkins saying the domestic violence bill
needed to be restructured. She said the bill has been
thoroughly discussed, and compromises have been
made.
"I'm at a loss at what the Speaker saw as
constitutionally challenging and having flaws in the writing,"
Cobb-Hunter said. "I'm so pleased to have the speaker commit
to get this bill passed before the session ends. I disagree
that a new bill is needed. We currently have rules that allow
for this same bill to be discussed, heard and
passed."
The bill in question had three main points,
Cobb-Hunter said. It required training for judicial officials,
more stringent penalties for batterers and stronger orders of
protection.
Cobb-Hunter said family court judges and
magistrate judges are making rulings on CDV cases without
understanding the laws. The attorney general's office offers
voluntary training, and of 558 magistrates in the state, a
fraction — 50 — have undergone training.
Criminal
domestic violence is currently a misdemeanor, and the bill
proposed would have enhanced the penalties, including jail
time and fines. It also would have made it easier for victims
to obtain orders of protection and allowed victims to
automatically extend them.
Items in question included
allowing divorce on the grounds of physical cruelty and
outlawing people convicted of CDV from carrying a concealed
weapon. Both of those sections were deleted, Hunter said. The
only pending issue was Pre Trial Intervention. Cobb-Hunter
would not waiver on allowing batterers to get PTI unless they
also received treatment.
"It was a very comprehensive
bill," she said. "In (past) years, we have tinkered around the
edging and taken a piecemeal approach to strengthening our
laws. We created a bill that would address problems that we
that work in the field know exist."
While Altman's
comments sparked reaction from many people around the state,
Cobb-Hunter said his views are shared by other House
members.
"There are 25 people on that committee, and
none of them tried to do anything about this," she said. "One
thing I can say about John Graham (Altman), he has always been
bold enough to voice his prejudices. Others have not. That
doesn't mean they don't hold them. John Graham Altman is
expressing a view that is held by more people in the
House."
Cobb-Hunter suggests the committee should
address a pending amendment to the bill, which addresses all
concerns except PTI, she said, and deserves to be
debated.
"What we need to do is know the motion to
reconsider and deal with the bill," she said. "It's not fair
to the subcommittee to get a new bill. It's been thoroughly
discussed and the concerns addressed. At some point, we have
got to let the legal process work. The Judicial Committee
never let us get to that debate, to provide for this bill to
be fully discussed, debated and aired."
An advocate for
domestic violence victims for more than 30 years, Cobb-Hunter
was visibly disappointed by the whole ordeal.
"I say to
people like John Graham Altman who thought it was so funny —
snickering about it during recess — visit your local domestic
violence shelter and talk to some of the victims and ask if
they think (domestic violence) is funny. Few if any
will.
"It's not just John Graham Altman, it's the
committee ... Any of these 25 could have taken him on. They
are as culpable as he is."
Cobb-Hunter said she has
been overwhelmed by the women in the state who are livid about
the comments. She said it is important for victims of domestic
violence to have their voices heard. She said the week's
events also show there is a need for strong-minded,
independent women to seek public office.
"It important
for women to have their voices heard. They have got to break
the silence. Stop letting men dictate us," she said.
