An anti-domestic violence bill that serves as a compromise between the S.C. House and Senate would look closer at degree of injury and bodily harm to victims to determine punishment and add domestic violence education to the state curriculum.
S.C. House Speaker Jay Lucas announced Wednesday that the House passed S. 3, the Criminal Domestic Violence Offenses and Penalties Act. The bill came after both bodies of the General Assembly spent months drafting different domestic violence bills rather than one body creating a bill and working with the other to amend it.
Under the compromised bill, penalties applied to offenders will be based on a new category system, the Domestic Violence High and Aggravated Nature, or DVHAN. The system has first, second and third degrees for offenses based on degree of injury, number of occurrences and possible aggravating circumstances.
The bill puts gun bans for DVHAN first degree and second degree where moderate bodily injury is present. When moderate bodily injury is not present for second- and third-degree offenses, judicial discretion is warranted, according to the bill.
Gun penalties can range from a lifetime ban, a 10-year or 3-year ban or a ban issued using the discretion of a judge.
In addition, the bill: Extends the time for a bond hearing to allow the judge time to gather information; creates a Domestic Violence Advisory Committee comprising state agencies that would make recommendations to the General Assembly; sets up a Batterer's Treatment Program; and permits DSS to study a voucher system for child care to allow the victim to appear in court.
Rep. Bill Taylor, R-Aiken, championed the bill, stating that it is more sensible to base domestic abuse charges on the severity of an attack rather than the number of times a person has been charged with the crime.
"It will also take many local educational initiatives to stem domestic abuse. The proposal to require teaching domestic-violence prevention to middle-schoolers is a step in the right direction," Taylor said.
The bill will now go the Senate, where Attorney General Alan Wilson hopes it also will get approval.
"This bill provides prosecutors and front-line law enforcement with the necessary tools for combating domestic violence," Wilson said. "Hopefully, a ratified bill can reach Gov. (Nikki) Haley's desk before the General Assembly adjourns in two weeks."
Derrek Asberry is the SRS beat reporter for the Aiken Standard and has been with the paper since June 2013. He is originally from Vidalia, Ga., and a graduate of Georgia Southern University. Follow him on Twitter @DerrekAsberry.