(A) Evidence that the actor was suffering from the battered spouse syndrome is admissible in a criminal action on the issue of whether the actor 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.
(B) Expert opinion testimony on the battered spouse syndrome shall not be considered a new scientific technique the reliability of which is unproven.
(C) 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) 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) A defendant who proposes to offer evidence of the battered spouse syndrome shall file written notice with the court before trial.
HISTORY: 1995 Act No. 7, Part I Section 15.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 23 - Pleading And Trial
Section 17-23-10. Plea of autrefois acquit or convict.
Section 17-23-20. Double jeopardy after trial in municipal or magistrates court.
Section 17-23-30. Permitting second indictment and trial for same offense.
Section 17-23-40. Nolo contendere in misdemeanor cases.
Section 17-23-50. Traverse of indictment is not a continuance.
Section 17-23-80. Manner by which persons who have been indicted may be convicted.
Section 17-23-100. Right to object to charge or request additional charge out of presence of jury.
Section 17-23-110. Circuit courts may grant new trials.
Section 17-23-120. Immediate disposition of certain misdemeanors or felonies; application to clerk.
Section 17-23-160. Notice of right to preliminary hearing; form for request.
Section 17-23-162. Presence of affiant or arresting officer to testify at preliminary hearing.