Posted on Wed, May. 11, 2005


Senate subcommittee takes up domestic violence bill


Associated Press

A bill that sets tougher penalties and fines for people convicted of domestic violence continues its fast pace through the Legislature.

A Senate Judiciary Subcommittee approved the measure Wednesday after listening to several hours of testimony from prosecutors and victims' advocates.

The bill has been on the fast track in the Statehouse - propelled by public outcry against a House subcommittee's handling of similar legislation and one lawmaker's comments about abused women.

The bill unanimously approved by the House last week increases penalties for first and second convictions of criminal domestic violence.

It also makes domestic violence a felony for people who have two previous domestic violence convictions. That crime would carry a one- to five-year prison sentence. Under current law, the crime is a misdemeanor with up to three years in prison.

Rep. Gilda Cobb-Hunter, D-Orangeburg, asked the Senate panel to approve the bill because "we are afraid if we don't act now, while the spotlight is upon us, we won't get something done."

In 2003, the House passed legislation that made criminal domestic violence a felony that carries a maximum sentence of 10 years in prison when the crime involves serious injury, threat of death or the use of weapons.

South Carolina has been ranked as high as first in the nation for the number of women killed by men they know. The state remains in the top 10, women's advocates said.

"Even though we have made progress ... it's still not something to write home about," Cobb-Hunter said.

The bill increases the minimum fine for a first conviction of domestic violence to $1,000, up from $500. The bill also increases penalties for second convictions to a maximum of one year in jail and up to $5,000 in fines. That's up from the current penalty of 30 days or a $500 fine.

Vicki Bourus with the South Carolina Coalition Against Domestic Violence and Sexual Assault, said she likes the bill because it also would offer the option of counseling for first-time offenders instead of jail or a fine.

"We need to help judges understand that money might not be helpful," Bourus said.

Cobb-Hunter, a victims advocate for over 25 years, said it was a critical part of the legislation.

"In order to break the cycle of violence, you've got to intervene early," she said.

Lexington County criminal domestic violence prosecutor Nicole Howland agreed it would be better to offer counseling instead of stiffer penalties because victims, especially those who want to stay in relationships, may not want to pursue the case.

The bill heads to the full Senate Judiciary Committee and will need two-thirds of the body to agree to consider the bill on the floor this year.





© 2005 AP Wire and wire service sources. All Rights Reserved.
http://www.thestate.com