South Carolina H 4714: Local Taxpayer Protection Act

Bill Text

2025-2026 Bill 4714 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4714

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 17-23-170, RELATING TO ADMISSIBILITY OF EVIDENCE CONCERNING BATTERED 
SPOUSE SYNDROME, FOUNDATION, NOTICE, AND EXPERT AND LAY TESTIMONY, SO AS TO 
DEFINE NECESSARY TERMS, TO FURTHER DEFINE ADMISSIBLE EVIDENCE TO ESTABLISH THE 
DEFENDANT SUFFERS FROM BATTERED SPOUSE SYNDROME, AND TO PROVIDE FOR A 
REBUTTABLE PRESUMPTION THAT THE DEFENDANT SUFFERS FROM BATTERED SPOUSE SYNDROME 
AND ACTED IN SELF-DEFENSE WHEN THERE IS A DOCUMENTED HISTORY OF PRIOR VIOLENT 
ASSAULT ON THE DEFENDANT AND A THREAT OF A VIOLENT ASSAULT OR VIOLENT ASSAULT 
ON THE DEFENDANT BY THE VICTIM OCCURS WITHIN TWENTY-FOUR HOURS OF THE ALLEGED 
OFFENSE.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 17-23-170 of the S.C. Code is amended to read:

 Section 
17-23-170. (A) For purposes of this section:

 (1) "Battered spouse syndrome" means 
the psychological condition of a victim of repeated physical and psychological 
abuse by a spouse, former spouse, cohabitant or former cohabitant.

 (2) "Violent assault" means:

 (a) an offense pursuant to Article 1, 
Chapter 3, Title 16; or

 (b) an assault and battery or criminal 
sexual conduct offense pursuant to Article 7, Chapter 3, Title 16.

 (B) Evidence that the actordefendant was suffering 
from the battered spouse syndrome is admissible in a criminal action on the 
issue of whether the actordefendant 
lawfully acted in self-defense, defense of another, defense of necessity, or 
defense of duress. This section does not preclude the admission of testimony on 
battered spouse syndrome in other criminal actions. This 
testimony is not admissible when offered against a criminal defendant to prove 
the occurrence of the act or acts of abuse which form the basis of the criminal 
charge.Notwithstanding evidence that the defendant 
was the first aggressor, used excessive force, or failed to retreat at the time 
of the alleged offense, when the defendant raises the defense that the 
defendant was, at the time of the alleged offense, suffering from battered 
spouse syndrome as a result of the past course of conduct of the person who is 
the victim of the offense for which the defendant is charged, the court shall 
admit evidence of repeated physical and psychological abuse of the defendant by 
the person who is the victim of the offense for which the defendant is charged 
and expert testimony on battered spouse syndrome for the purpose of explaining 
the defendant's motive or state of mind, or both, at the time of the commission 
of the alleged offense.

 (B)(C) Expert opinion testimony on the battered spouse 
syndrome shall not be considered a new scientific technique the reliability of 
which is unproven, but is a matter or commonly accepted 
scientific knowledge. Evidence by expert testimony 
includes, but is not limited to, testimony regarding the common pattern in 
abusive relationships; the nature and effects of physical or psychological 
abuse and typical responses, including how those effects relate to the 
perception of the imminent nature of the threat of death or great or moderate 
bodily harm; the relevant facts and circumstances which form the basis for the 
opinion; and whether the defendant displays characteristics common to victims 
of abuse.

 (C)(D) Lay testimony as to the actions of the batterer and 
how those actions contributed to the facts underlying the basis of the criminal 
charge shall not be precluded as irrelevant or immaterial if it is used to 
establish the foundation for evidence on the battered spouse syndrome.

 (D)(E) The foundation shall be sufficient for the admission 
of testimony on the battered spouse syndrome if the proponent of the evidence 
establishes its relevancy and the proper qualifications of the witness.

 (E)(F) A defendant who proposes to offer evidence of the 
battered spouse syndrome shall file written notice with the court before trial. Evidence of a documented history of a prior violent assault on 
the defendant by the victim of the alleged offense and that the defendant was 
threatened with or subjected to a violent assault within twenty-four hours of 
the alleged offense entitles the defendant to a rebuttable presumption that the 
defendant suffers from battered spouse syndrome and acted in self-defense.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 17, 2025 at 01:25 PM