Domestic-violence
law applauded Leaders say more needs
to be done to curb incidents By
Kenneth A. Gailliard 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
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