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Posted on Thu, May. 12, 2005

Getting a better domestic violence law




Guest columnist

As speaker of the S.C. House of Representatives, I certainly do not relish the attention brought to us recently regarding criminal domestic violence. But as someone who has spent a 25-year legislative career fighting for real justice for crime victims, I welcome the attention because it led to a better, much tougher criminal domestic violence bill than the one that caused the original controversy.

The House put criminal domestic violence legislation on the fast track, increasing the penalties against convicted batterers and broadening the areas in which a batterer can be charged.

This new bill passed the House by a vote of 114 to 0.

If passed by the S.C. Senate, this bill would give another tool to prosecutors and judges to aggressively pursue criminal domestic violence offenders. A bill passed by the General Assembly in 2003 made criminal domestic violence of a high and aggravated nature a felony even for first-time offenders punishable by up to 10 years in prison with no parole.

Under the new House bill, first- and second-time offenders face increased fines and incarceration. A third conviction would result in a felony charge, punishable by up to five years in prison with a minimum one-year prison sentence.

This bill also honors the youngest victims of criminal domestic violence by creating a new penalty for those convicted of committing battery in front of a minor child. This felony charge carries a 10-year prison sentence.

Other provisions in the bill include mandatory counseling. It also prohibits a suspected batterer from posting bail before a full hearing on the charges.

Many members did much heavy lifting to help us expedite this meaningful bill. Chief among them is Rep. Gilda Cobb-Hunter of Orangeburg, who has long been a champion of issues impacting women and children. Thanks also to the bill’s chief sponsor, Rep. Bob Leach of Greenville, and the numerous others who rallied to make sure this bill was passed this year.

The scores of devoted advocates for this issue also deserve our heartfelt thanks. From the many victims’ assistance groups to Sistercare and every other organization and agency dedicated to protecting and empowering women and children — you raised your voices, and they were certainly heard.

The House has a long track record of being tough on crime, including pushing for and passing truth in sentencing so that those who commit violent crimes serve the major bulk of their time.

I am a firm believer that good can always come from a bad situation.

The House’s strong and swift actions this past week on the criminal domestic violence bill sends a clear message that we understand just how serious this issue is and how much responsibility we all bear for better protecting women from abuse.

Rep. Wilkins in speaker of the S.C. House of Representatives.


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