The bill H. 4714 seeks to amend Section 17-23-170 of the South Carolina Code of Laws, which pertains to the admissibility of evidence regarding Battered Spouse Syndrome in criminal cases. The proposed amendments include defining key terms such as "battered spouse syndrome" and "violent assault," and establishing criteria for admissible evidence that demonstrates a defendant suffers from this syndrome. Notably, the bill introduces a rebuttable presumption that a defendant acted in self-defense if there is documented evidence of prior violent assaults by the victim and a threat or violent assault occurred within twenty-four hours of the alleged offense.
Additionally, the bill clarifies that expert testimony on Battered Spouse Syndrome is recognized as established scientific knowledge, and it allows for both expert and lay testimony to be used to support claims of the syndrome. The amendments also stipulate that defendants must provide written notice to the court before trial if they intend to present evidence related to Battered Spouse Syndrome. Overall, the bill aims to enhance the legal framework surrounding the defense of battered spouses in criminal cases, ensuring that relevant evidence is considered in court.
Statutes affected: 12/17/2025: 17-23-170
Latest Version: 17-23-170