Mary Lynn’s Law

This session, there has been a lot of action on changes to civil law – tax cuts, government restructuring, and tort reform. This week, I’m writing about a major criminal bill that the House will consider this week that originated from the horror one Charleston family witnessed last year. Last week, the House Judiciary Committee endorsed – Mary Lynn’s Law – named for Mary Lynn Witherspoon. Ms. Witherspoon was a stalking victim in Charleston County who was killed by her stalker after a series of breakdowns in the criminal system.

Rep. Murrell Smith, R-Sumter, wrote the bill to strengthen victim notification – Ms. Witherspoon was not notified when her attacker was released from a mental health court, and an erroneous written notification did not arrive until after she was killed.

The bill creates the charges of stalking and aggravated stalking in addition to various harassment charges. Police also will be required to give judges the incident reports before bail is set. Since Ms. Witherspoon’s attacker received bail based on his third degree burglary charge, the judge may have been stricter if he’d known the attacker had stolen personal items, including her clothing.

While we can’t go back to make amends for the horrible crime that was committed in Charleston, this will recognize the breakdowns in the system and make it stronger for others in similar situations in the future.

On another issue, the House passed, by a vote of 100-2, a bill in the full House that gives the state grand jury the power to investigate environmental crimes.

Today, environmental crimes are investigated primarily by the Department of Health and Environmental Control, which has only limited power. The state’s grand jury has much broader powers, namely the power to subpoena information and testimony.

The bill goes beyond protecting the environment. It will also help the state react to terrorist threats and enables us to enforce our own laws without relying on the federal government. The grand jury can investigate if the crime is willful and is anticipated to cause more than $3 million in damage.

The House also approved a bill last week that would allow the Ten Commandments to be placed on state property, so long as they are posted alongside other historical documents. That bill passed 97-2. The bill was written to comply with existing U.S. Supreme Court rulings so there is no gray area for any state agency, college, etc., that might want to post the Ten Commandments.

And finally, the Put Parents in Charge bill wound its way through a Ways and Means subcommittee this week after hours of testimony that included an appearance by Gov. Mark Sanford. The bill now heads on to the full Ways and Means Committee this week. On a more personal note, many of you may remember my request for you to remember Representative Mike Pitts, (R) Hickory Tavern, in your thoughts in prayers for pending cancer related. I am happy to report that Mike returned to work at the statehouse, remarkably, a week after his surgery. Thank you for those thoughts and prayers.