Keith Kelly Cracking Down on Domestic Violence
Out of a dozen bills that address domestic violence pending in the S.C. General Assembly, advocates pointed to two today that have the best chances of passage.
Criminal Domestic Violence Study Committee members, Sens. Larry Martin, R-Pickens, and Gerald Malloy, D-Darlington, and Rep. Keith Kelly, R-Woodruff, heard from Vicki Bourus, who heads the S.C. Coalition Against Domestic and Sexual Assault, and Laura Hudson, executive director of the S.C. Crime Victims’ Council.
Bourus and Hudson pointed to S. 790, a bill introduced by Martin, that would create a permanent civil restraining order in cases where an abuser has finished his sentence and has returned to the community where the victim lives.
The advocates are also closely tracking S. 282, an amendment to a law that alerts an abuser that he is going to be arrested when a victim signs a warrant for his arrest. The current law creates inherent dangers for the victim, according to advocates. S. 282, sponsored by Sen. Glenn McConnell, R-Charleston, and Sen. Robert Ford, D-Charleston, would exempt domestic violence and harassment from the courtesy-summons mandate.
The group also discussed Rep. Shannon Erickson’s bill, H. 4198, that prevents insurance companies from treating a victim’s past or present exposure to domestic violence as reason for declining a claim or increasing premiums.
Malloy said the bill has a serious flaw that absolves insurers.
Bourus told him they had worked closely with the industry on the bill.
Malloy responded, “Insurance companies are not going to end up objecting to that. … Somebody is an attorney to put that kind of language in,” added the senator.
While Bourus and Hudson said they haven’t given up on the remaining proposals that have been introduced, they acknowledged Tuesday the legislation has not picked up much momentum.
Other proposals include: H. 3672, a bill to require a change of venue for a criminal case in which the accused batterer is a member of law enforcement or a judge; H. 3641, which requires police to note a CDV investigation on an incident report, even if there is no arrest; S. 266, which institutes dating-violence policies in schools. Last year Rep. Greg Delleney, R-Chester, amended the bill to exclude homosexual youths from protections.
Judiciary panel advances sentencing reform plan
I’ve been honored to serve on the Sentencing Reform Panel. We must revamp South Carolina’s criminal laws to truly crack down on violent offenders.
COLUMBIA — A comprehensive plan to divert nonviolent criminals from prisons to the probation and parole system so South Carolina can avoid spending hundreds of millions of dollars to build new prisons was adopted Tuesday by the Senate Judiciary Committee in a 14-0 vote.
The bill calls for more drug users to serve supervised criminal sentences in the community as a way to free up beds in the overcrowded prisons. The measure, as written, deals with future offenders, although there are a few exceptions to parole some current prisoners.
Sen. Gerald Malloy, a Hartsville Democrat who led research and debate on the proposals for more than a year, said the legislation is not “soft on crime” but “smart.” For instance, he said that it costs $14,500 for each inmate in prison compared with
$2,000 for an individual in an intense community supervision program.
“We’re talking about a tremendous amount of savings,” Malloy said. “And the ability to keep South Carolina safe was not compromised. … We think this is landmark legislation.”
The bill reclassifies 22 crimes as violent, including drunken driving that results in death. That change will trigger a rule that does not allow the violent offenders to qualify for parole until they serve 85 percent of their sentences. The bill also provides incentives such as “good time credits” for people on probation and parole to stay crime- and drug-free, gives judges more discretion for sentencing drug users, lets more inmates qualify for work-release and removes the disparity in sentencing between crack and cocaine possession.
Additionally, the bill would allow for the special parole of inmates who are terminally ill, geriatric or physically disabled and no longer pose a public risk. Some legislators raised the possibility of the early release of up to 3,000 nonviolent criminals as a way to save the cash-strapped state money, but the Judiciary Committee did not make those proposals part of the legislation.
Most of the provisions in the bill would become effective in January, if the bill survives the legislative process. The bill also establishes an oversight committee made up of legislators and members of the public to study the results of the law.
Solicitors, public defenders, victim advocates, national researchers and Jon Ozmint, director of the Department of Corrections, were among the experts that helped legislators draft the bill.
Sen. Chip Campsen, R-Isle of Palms, acknowledged that the legislation might require an up-front investment in the probation and parole system to be sure that those criminals diverted from prisons received proper oversight, but that’s a fight that will be battled out on the Senate floor. Other issues raised during the committee meeting include the increase in certain fines during hard economic times and a provision in the bill that would ban people who served time for a violent crime from ever owning a gun. Some senators are interested in banning only violent criminals who used a gun while committing a crime.
“I do think we need to change that,” said Campsen, one of the Legislature’s biggest sportsman.
Helping Companies Create Jobs in South Carolina
Our shared conservative philosophy dictates that the only thing government should do to create jobs is get out of the way of business and do whatever is necessary to help the private sector create those jobs.
The House Republicans took two major steps in that direction this week with the passage of two pieces of landmark legislation the end of the corporate income tax in our state, and true tort reform.
My Republican colleagues have worked for years to improve the business climate here in our state, and as our state climbs out of recession, we are seeing the fruit of our labors. Last falls announcement that Boeing was locating a major manufacturing facility in North Charleston was a boon for the coast. Proterras’ decision to make a revolutionary new bus in Greenville was a second major boost for our economy. Read more
March 9 Video Update
State jobs bill would end corporate income tax
The state House on Thursday approved a massive bill that eliminates the corporate income tax and provides a wide array of incentives in an effort to spur job creation.
Eliminating the tax will cost the state about $170 million a year when it is completely phased out in 10 years. The phase-out would begin in two years, while the other elements would go into effect when the bill becomes law.
The House approved the bill by a 105-9 vote.
Rep. Keith Kelly, R-Woodruff, said the Legislature had to get aggressive in order to put South Carolinians back to work. The state’s unemployment rate was 12.6 percent in December.
“We’ve got to try everything we can,” Kelly said. “South Carolina families are hurting. Any time you lessen the tax burden on businesses you invite businesses to the table, and that helps with job creation.”
The bill makes it easier for large corporations to access incentives and provides tax credits for small businesses.
Some Democrats, however, questioned the wisdom of eliminating a revenue stream in the middle of an ever-worsening budget crunch. Lawmakers are trying to combat a shortfall of more than $500 million this year, and they are looking at a $1 billion hole next year.
Rep. Joe Neal, D-Hopkins, said the state already is having difficulty providing for the basic needs of its residents — as evidenced by a $46 million cut at the Department of Disabilities and Special Needs that could eliminate services for about 26,000 disabled residents. Passing the jobs bill “escalates that,” he said.
“We can roll the dice, hoping we hit a lucky seven and businesses will come rushing to our borders,” Neal said.
“And if they don’t, then we’ve cut hundreds of millions of dollars from the budget,” he said.
Rep. Harold Mitchell, D-Spartanburg, said he voted for the bill even though he had reservations about eliminating a revenue source.
“It comes down to jobs,” Mitchell said. “We’ve got to do something to turn things around.”
The bill also extends a fee-in-lieu-of-taxes agreement with Duke Power in Cherokee County, said Rep. Lanny Littlejohn, R-Pacolet.
“We’ve got a dire situation with jobs in this state,” Littlejohn said. “This is going to spur the economy. We’ve got to do this. We can’t just sit back and do nothing.”
