SC

SC Senate Moves CDV Bill Forward

LEGISLATION CLEARS COMMITTEE, HEADED TO FLOOR OF CHAMBER || By FITSNEWS || South Carolina’s State Senate advanced legislation this week aimed at strengthening the state’s criminal domestic violence (CDV) laws.  The legislation – sponsored by S.C. Sen. Larry Martin – would impose tougher penalties on CDV offenders and bar them from…

LEGISLATION CLEARS COMMITTEE, HEADED TO FLOOR OF CHAMBER

|| By FITSNEWS || South Carolina’s State Senate advanced legislation this week aimed at strengthening the state’s criminal domestic violence (CDV) laws.  The legislation – sponsored by S.C. Sen. Larry Martin – would impose tougher penalties on CDV offenders and bar them from owning weapons for a period of ten years.

“We in state government have a duty to protect the most vulnerable in South Carolina, and tragically, that too often ends up being members of an abuser’s household,” Martin said. “South Carolina has been among the worst in the nation in domestic violence for far too long, and I’m hopeful the full Senate will address this bill quickly.”

The flood of CDV interest stems from recent data showing South Carolina ranking No. 2 nationally in the percentage of women killed by men.  In previous years, South Carolina has ranked No. 1.  Of course the issue has also prompted several political headaches for the GOP (see HERE and HERE).

Nonetheless, “Republican” leaders in the S.C. Senate are advancing Martin’s bill as quickly as possible – moving it out of the chamber’s judiciary subcommittee this week.

“As a former solicitor, I’ve seen the tragedy of domestic violence more than I’d care to recall,” said Senator Greg Hembree, a co-sponsor of the bill. “When you look at those statistics, domestic violence deaths have too often involved firearms and repeat offenders.  This is a commonsense way to make sure that offenders with a history of committing violence in the home are punished have a lessened ability to commit violence in the future.”

Okay … but Martin and Hembree need to be very careful not to go overboard in their restriction of gun ownership.

The federal government has already passed a lifetime ban on firearm possession for criminal domestic violence offenders – the 1997 Lautenberg Amendment.  We believe this law violates both the Second and Tenth Amendments to the U.S. Constitution.  We also believe such a ban is overkill for a first offense – although we can see Hembree’s point regarding “repeat offenders.”

Anyway … Martin and Hembree’s bill is likely to receive a vote from the full Senate later this month.  After that, it must pass the S.C. House of Representatives prior to receiving approval from Haley.

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39 comments

Nancy Yates January 22, 2015 at 2:54 pm

It is my opinion SC needs to revisit their laws governing marriage, if they are serious about CDV. Last I checked there is no such thing as a legal separation and to get a divorce couple must live in separate homes for an entire year to qualify for a divorce. Maybe if government stopped forcing couples to stay together with the one year rule, perhaps CDV wouldn’t be such an issue? What about legal separation, allowing couples time to decide if they want a divorce or work it out?

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Nancy Yates January 22, 2015 at 3:04 pm

Nawwww that is all nonsense, let’s just add more government intervention, take away all the guns and by all means pass legislation that is modeled after Louisanna who also has a horrible track record of CDV. (Sarcasm alert)

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ELCID January 22, 2015 at 3:49 pm

Exactly right, see my comment above.

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Domestic violence January 22, 2015 at 3:08 pm

Can pols be prosecuted under the law for abusing taxpayers?

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Not So Common Sense January 22, 2015 at 3:22 pm

Yes, by voting their arses out of office.

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Smirks January 22, 2015 at 5:06 pm

But then they get “sentenced” to a cushy job for whoever they sold out to.

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Not so COMMON Sense January 22, 2015 at 5:48 pm

Sometimes. But…..if they lose election, they don’t mean anything to those they sold out to. Dog eat dog world?

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Domestic Violence January 22, 2015 at 11:39 pm

Ah yes, happens all the time.

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Problem Not Solved January 22, 2015 at 3:11 pm

The real problem is that it is very difficult,in many cases impossible, to prosecute CDV offenders because victims refuse to cooperate in the prosecution.

No one wants to talk about that.Its simply easier to talk tough and pass more laws.

CDV is a major problem ;however, the plain fact is that if you have a victim who refuses to testify the odds of sustaining a conviction are remote if not impossible in the vast majority of cases.

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That Bitch January 22, 2015 at 3:18 pm

It is my guess that most CDV is committed against women or children. They “may” have fixed this law, but again, last I read it is still legal to beat your wife on the courthouse (or maybe state house?) steps, only on Sundays though. If that law hasn’t changed, were I to be dragged there, wonder what would happen if the man ends up getting his ass beat?

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truthmonger January 23, 2015 at 10:12 am

Actually, no. Newer studies found that CDV is about 50/50. Men are just loathe to report it from fear of embarrassment.

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That Bitch January 23, 2015 at 11:21 am

That may be true nationwide, but based on all that I have read not so much in SC. I’m sure you are aware that SC ranked #1 for most women murdered by men. Here are a couple links, one is much older, but a data point:

http://www.wach.com/news/story.aspx?id=951512#.VMJzyi5GMdg

http://www.ncadv.org/files/South%20Carolina%20new%202.09.pdf

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That Bitch January 22, 2015 at 3:37 pm

It is also my opinion the reason women do not cooperate, they are afraid. I once dated this criminal lawyer for brief period of time. He was horribly abusive in the end, the “if I can’t have you no one can” philosophy. He attacked me and we fought horribly. He almost killed me. Neighbors hear it, call the cops. The attorney is a manipulator, threatened to kill my entire family if I exposed him. I obviously wasn’t afraid enough for myself. Police shows up, Atty says he is running for judge, but lives in another freaking state. Cop looking for favor buys his crap and writes it up “assailant unknown.”. I had bruises on my neck where he used a judo move and nearly choked me to death. I had to move, change phone number, you name it just to get him out of my life. Now imagine trying to get away from a criminal trial lawyer, a dirty one at that. Hell yes I was afraid. Both the attorney and cop were dirty.

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mamatiger92 January 22, 2015 at 3:54 pm

Heartbreaking. I’m so sorry that the system failed you. Hope you are safe now.

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That Bitch January 22, 2015 at 4:02 pm

Safe and happy. All the more wiser, that was more than a decade ago, but a testament to SC’s real problems.

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mamatiger92 January 22, 2015 at 4:03 pm

I’m so glad.

truthmonger January 23, 2015 at 10:11 am

Did you dispute the lawyer’s claim to the cop? Or did you leave the cop trying to make a case with nothing and keep your mouth shut?

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That Bitch January 23, 2015 at 11:07 am

I kept my mouth shut, he had threatened to kill my son (and other family members) and I had good reason to believe he had already killed someone else (he wrote a poem about it that he had recently shown me….uuugh). I waited until my son was at a safe location, then I moved and cut all communication. FYI – It was obvious by looking at me what had happened. I had bruises/cuts all over me, particularly my neck. It was the cops suggestion to leave it assailant unknown, when the assailant was sitting right in front of him. The county cop would not have let him off the hook, but it was out of his jurisdiction, he stayed until the city cop arrived. The county cop was furious, but once the city cop showed up he had to leave.

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ELCID January 22, 2015 at 3:48 pm

How about reforming SC’s outdated Divorce Laws.
SC is one of the top 5 States that is hardest & longest to get a divorce.

Forcing people who hate each other to stay together for 1.5 years (1 year required separation and 6 months to get a court date), greatly contributes to domestic violence.

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Nancy Yates January 22, 2015 at 3:59 pm

Awesome! Someone else noticed this! There were no comments when I posted, so I couldn’t see yours. I agree.

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Nancy Yates January 22, 2015 at 4:45 pm

I hope more people see this. Awareness is at least half the battle. Some may think they don’t care, but a little understanding goes a long ways. Why is SC ranked so high for CDV? IMO the above is well put. I really wanted to say why “force people who hate each other to stay together”, but thought that may be a little strong, some are just trying to figure it out. However, in the case of CDV – I believe it is likely they may hate each other. As psychologists have said for years, there is a fine line between love and hate. Very sad, but I also think very true and very possible a correlation?

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ELCID January 23, 2015 at 10:57 am

Yes, and a very wise analysis. There is a very fine line between love and hate. Particularly in a marriage. You love someone so much, that the only way you can deal with the pain of divorce is with an equal amount of hate.

People with a lot of this Love/Hate need to be separated and kept apart as much as possible. The sooner they can obtain a divorce. The sooner than can start the healing process.

Forcing them to stay together only increases the hurt and pain, and by the process. It increases the Hate. People going thru this need to know that there is a way out. Yes, it’s painful, but you will get better with time.

The Children need both parents, and they need to understand it’s not about them. Both parents need to stay active in their kids lives and not let them become part of the weapons of divorce war.

The only winners in divorce are the lawyers. Some of them actually stir things up for personal profit at the couples expense. Most times a marriage councilor is much better than a divorce lawyer.

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Karolyn January 26, 2015 at 3:44 pm

It’s not about hate; it’s about control. Men who commit dv bring it to every relationship.

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E Norma Scok January 22, 2015 at 5:00 pm

Just tell them you cheated, or she stopped having sex with you (she probably did).

You’re out in 90 days.

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Nancy Yates January 22, 2015 at 6:11 pm

At what cost? Adultery in the South? Surely not! Only way I can imagine is lieing – oh wait, forgot this is Bible Belt. If you have laws to support your claim, would love a link. Otherwise, I call BS.

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E Norma Scok January 22, 2015 at 9:22 pm Reply
Nancy Yates January 23, 2015 at 10:06 am

Thanks for the link! The “at fault” isn’t an option in many cases. What if there are children involved? Should someone lie and say their spouse cheated? It also mentions hiring a private investigator, but proof isn’t required, interesting. In the case of an “at fault” divorce, custody also becomes an issue where children are involved. I think a fair assumption to say that children will not be placed with the person “at fault” and they may not even get visitation. Wow!

ELCID January 23, 2015 at 11:00 am

Yes, but both parties have to agree to who is the victim and who is the villain. Many times they can’t even talk to one another. Much less strategize. Further, why should South Carolina make you have to do this. In New York and New Jersey you can get a no fault divorce in 30 days for $350.00.

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Nancy Yates January 22, 2015 at 6:16 pm

Please bump this thread up.

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E Norma Scok January 22, 2015 at 5:01 pm

Want to know whats more screwed up?

Will can get his CDV conviction expunged, but if he gets a DNR ticket, like having an expired fire extinguisher in his boat, that is sticking for LIFE.

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Not so COMMON Sense January 22, 2015 at 5:44 pm

Ha! Interesting you mention that. Right now there is an issue with “illegal buoys”. Maybe illegal everything?

Private residents installing buoys to enforce the inadequate laws already on the books, that are not enforced. DNR removed these illegal and private buoys that were simply enforcing laws already in place and also out dated with the use of larger watercraft (I.e. wakwboarding boats ripping down the middle of a small dead end cove). Guess we need MORE government intervention if private citizens want to protect property and ensure the safety of individuals.

FYI, it is my opinion that Will was expunged not because he did something wrong, but possibly a gf who wanted to ruin his life. It does happen on both sides.

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E Norma Scok January 22, 2015 at 9:26 pm

Well lord knows that every potential employer I apply to needs to know about that expired fire extinguisher I had back in the mid 90’s. It comes up on a SLED check, you know as a “crime”. There wasn’t even a fine after I replaced it and proved it to the judge!

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Not so COMMON Sense January 23, 2015 at 11:09 am

LOL – it isn’t funny, but I hear so many of these stories. An expired fire extinguisher, you rebel!

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TontoBubbaGoldstein January 22, 2015 at 8:18 pm

PRO TIP:
Always carry a referee’s type whistle in your tacklebox/drybox… in case your electric horn or canned horn won’t work when you’re being checked.

BONUS PRO TIP:
If you have something that you don’t want anymore…loan it to a friend or dip it in salt water.

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E Norma Scok January 22, 2015 at 9:26 pm

The only things that salt water won’t screw up are 1)fish and 2) salt water.

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Judicial Watch January 22, 2015 at 5:36 pm

Hmmmm …. lawmakers who accept illegal kickbacks via campaign donations making feel good laws that do absolutely NOTHING whatsoever to change SC being the 5th the most dangerous high crime state in the nation. These guys are a bunch of fucked up idiots who commit their own crimes, and who are disconnected from the real world.

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Nancy Yates January 22, 2015 at 5:58 pm

Maybe they will read this thread and realize what The People think vs. being dictators.

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Judicial Watch January 22, 2015 at 5:38 pm

Greg Hembree? ROFLMAO!!!!

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Reality January 23, 2015 at 10:14 am

You DO NOT need a gun to kill someone. That’s why this is so fucking stupid and a fucking waste of time by a bunch of jackasses in suits.

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