A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 9 TO CHAPTER 25, TITLE 16 SO AS TO ENACT THE "TEEN DATING VIOLENCE PREVENTION ACT," TO DEFINE NECESSARY TERMS, CREATE THE OFFENSE OF TEEN DATING VIOLENCE, PROVIDE A PENALTY, ALLOW VICTIMS TO SEEK ORDERS OF PROTECTION OR RESTRAINING ORDERS UNDER CERTAIN CIRCUMSTANCES, AND PROHIBIT A PERSON WHO VIOLATES THE PROVISIONS OF THE SECTION FROM PARTICIPATING IN A PRETRIAL INTERVENTION PROGRAM; TO AMEND SECTION 59-32-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE COMPREHENSIVE HEALTH EDUCATION ACT, SO AS TO DEFINE THE TERM "TEEN DATING VIOLENCE"; AND TO AMEND SECTIONS 59-32-20, 59-32-30, AND 59-32-50, ALL RELATING TO THE REQUIREMENTS OF THE COMPREHENSIVE HEALTH EDUCATION ACT, ALL SO AS TO REQUIRE THE INCLUSION OF TEEN DATING VIOLENCE EDUCATION IN THE COMPREHENSIVE HEALTH EDUCATION CURRICULUM AND MAKE CONFORMING CHANGES.
H3036 would create the “Teen Dating Violence Prevention Act” in South Carolina law and define teen dating violence as physical, sexual, psychological, or emotional violence within a dating relationship involving persons 18 years of age or younger. The bill establishes a new criminal offense for teen dating violence, sets punishment by reference to existing penalty provisions, makes the penalty cumulative to any underlying offense, and bars conviction under this section from being treated as a lesser included offense. It also makes people convicted under the new section ineligible for pretrial intervention.
The bill further expands access to protective remedies for victims. A victim age 16 or older could seek an order of protection or restraining order without parental consent, though a parent or guardian must be notified within 24 hours; victims under 16 would need parental or guardian consent. In addition to the criminal provisions, the bill amends the Comprehensive Health Education Act to require teen dating violence education in state-developed instructional units and in local school district health curricula for grades K-12, with specific inclusion in grades 6-8 and 9-12. It also requires parent notification and preserves the existing parental opt-out process for health education content.
If enacted, H3036 would add a new article to Title 16 creating a standalone teen dating violence offense and would amend Title 59 to incorporate teen dating violence education into South Carolina’s comprehensive health education requirements. The bill would affect criminal law, family court and magistrates court protective-order procedures, pretrial intervention eligibility, and school curriculum standards and parental notice/exemption rules. It would require the State Board of Education and local school boards to update instructional materials and policies to include teen dating violence content.
Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the overall sentiment appears supportive of prevention and victim protection. The bill is framed as a public-safety and education measure, suggesting an intent to address adolescent relationship abuse through both criminal enforcement and school-based instruction. No formal opposition, amendments, or recorded vote history is included in the provided context.
The main points of potential contention are the creation of a new criminal offense, the consecutive sentencing requirement, and the restriction on pretrial intervention, which could be viewed as making the law more punitive. Another likely area of debate is the school-curriculum mandate, especially the requirement to include teen dating violence education alongside existing health topics and the continued parental notice/opt-out framework. The bill also draws a line between victims 16 and older and those under 16 for purposes of seeking protective orders without parental consent, which could raise questions about access and parental involvement.