Posted on Wed, Jun. 08, 2005


Domestic-violence law applauded
Leaders say more needs to be done to curb incidents

The Sun News

A law that cracks down on people convicted of domestic violence drew positive reactions from area officials Tuesday, but some said more needs to be done.

Gov. Mark Sanford signed the law Tuesday and it takes effect Jan. 1.

The law increases fines for first, second and third offenses, requires training for judges on domestic-violence issues and forces a wait of up to five years before a conviction can be expunged.

In Horry and Georgetown counties, where there already have been more domestic-violence deaths this year than in two previous years combined, officials applauded the law but said more needs to be done.

Eight people have been killed in Horry County since January in domestic-violence incidents, compared with a total of seven in 2003 and 2004.

"This law is a good thing," said Joanne Patterson, director of Citizens for Spousal Abuse, which serves victims in both counties. "Any time you strengthen penalties, it's good. Finally criminal domestic violence is getting recognized as a crime."

The tougher penalties may not, however, deter someone from inflicting violence, said 15th Circuit Solicitor Greg Hembree.

"I'm glad the penalties have increased, but I'm not sure it will make a big difference from the standpoint of the batterers," he said. "I don't think a batterer will say 'I'm not going to hit her again because it [is] a felony now.'"

Under the new law, the minimum fine for a first conviction of domestic violence increases to $1,000 from $500, or 30 days in jail. That can be suspended if the person completes counseling.

Penalties for second convictions increase to 30 days to one year in jail and up to $5,000 in fines. The current penalty is either 30 days in jail or a $500 fine.

At the bill signing, Sanford said South Carolina leads the nation in criminal domestic-violence crimes and the new law is aimed at changing that.

"There are some people who will not call police to report this, and it won't help them," Patterson said. "But those people who get before a judge will find more serious penalties."

Patterson said over the past five years calls to her agency, which offers a safe house, counseling and advocacy for domestic-violence victims, have averaged about 3,000 annually. She said many victims never call.

S.C. Attorney General Henry McMaster said although the new law is an important step, more needs to be done including educating law-enforcement officers and judges.

He said if officers learn to conduct more detailed investigations in criminal domestic cases, that work could help lead to more convictions. Likewise, judges need to understand the complexities involved in domestic violence.

"I support this law," McMaster said. "We've been working on it a long time. It puts teeth in the system and makes a statement about the serious nature of these cases."

He said along with a stronger law, prosecution of the cases could be improved with the placement of more prosecutors in summary courts, which handle the majority of domestic-violence cases.

The Pro Bono program that McMaster began about two years ago addresses the prosecution issue. Currently, the program exists in a fraction of counties in the state, he said but he is trying to get more lawyers involved.

"We get private lawyers to volunteer to handle some of these cases in magistrate courts," he said. In most magistrate-level courts, criminal domestic-violence cases are prosecuted by police officers, he said. "We need more lawyers to volunteer for the Pro Bono program," he said.


Free-pour bill

Gov. Mark Sanford signed the free-pour bill into law Tuesday. Free-pouring starts Jan. 1. Story, Page 1C


Contact KENNETH A. GAILLIARD at 626-0312 or@thesunnews.com.




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