Battered Spouse Syndrome

2025-2026 Bill 4714: Battered Spouse Syndrome - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4714
STATUS INFORMATION
General Bill
Sponsors: Reps. McCravy, Edgerton and Spann-Wilder
Document Path: LC-0190AHB26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Judiciary
Summary: Battered Spouse Syndrome
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 64
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 64
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

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.

B
e it enacted by the
General Assembly of the State of South Carolina:

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

S
ection
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
actor
defendant
was suffering
from the battered spouse syndrome is admissible in a criminal action on the
issue of whether the
actor
defendant

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.

S
ECTION 2. This act takes effect upon approval
by the Governor.

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This web page was last updated on January 13, 2026 at 2:44 PM