Lawmakers hear emotional testimony for 'Micah's Law' to add coercive control to domestic-violence statutes

A Senate Judiciary subcommittee on Tuesday heard hours of emotional testimony on S.702, a bill that would expand South Carolina’s domestic-violence laws to include coercive control and to recognize dating relationships as household members, then voted to carry the measure over for more work.

Senator Goldfinch, the bill’s sponsor, told the panel the change is aimed at identifying abusive patterns before they escalate: "It is the precursor to domestic violence," he said, describing a local death that motivated his work on the measure. He said the text was modeled on statutes in other states and that he welcomed amendments: "If there's a better way to do this, if there's an amendment that is forthcoming that can make this better ... I'm all about it," he said.

The bill, as summarized by staff, would change the statutory definition of "household member" to remove gendered language, add persons who "are presently or have been in a dating relationship," define "dating relationship" and "coercive control," make coercive control unlawful as domestic violence, add stalking/harassment/coercive control to orders-of-protection criteria, and require courts to consider those behaviors in child-custody determinations and, in some situations, as grounds relevant to divorce filings.

Family members of Micah — the young woman whose death has been cited by backers of the bill — urged lawmakers to act. "This bill has the ability to save an incalculable amount of individuals," Abigail Francis (speaking with her sister Anastasia Francis) said, asking the committee to nickname S.702 "Micah's Law." They described repeated calls to law enforcement and told the committee that, as currently written, "there was nothing for them to do."

Survivors and service providers also urged passage. Shelby Owiley, executive director of Engaging Mind Services, and several survivors recounted patterns of psychological, financial and social isolation that they said often precede physical violence and are difficult to prove without statutory recognition.

At the same time, prosecutors and family-law practitioners who supported the bill's goals urged lawmakers to tighten language and clarify how the statute should be applied. Jennifer Wells, vice president of the South Carolina Association of Criminal Defense Lawyers, said she supports recognizing coercive control but warned the bill as drafted is broad and could be misapplied: "We were very careful about the way that we drafted this," she said of earlier versions, but added that criminalizing coercive control (as in Hawaii) raises different issues than treating it within family-law remedies. Wells recommended placing some language in statutes that guide law enforcement (she referenced 16-27-70(d) in her testimony) and stressed the need for training for police and magistrates so survivors are not inadvertently harmed.

Rebecca Creel, a family-court practitioner, echoed concerns about evidentiary standards in civil and criminal settings and noted constitutional questions about adding new divorce grounds; she recommended focusing initial statutory changes on orders of protection, where testimony is testimonial and subject to cross-examination, rather than immediately adding new criminal offenses or divorce grounds without clearer proof standards.

Committee members said those concerns were constructive. The chair told witnesses staff would work with advocates and attorneys to refine the bill. A motion to carry S.702 over for further drafting and staff work was made by a committee member, seconded, and carried with proxies recorded.

What happens next: The subcommittee will work with staff, practitioners and advocates to revise statutory language and address constitutional and evidentiary concerns before the bill returns for further consideration.

Key quotes

"It is the precursor to domestic violence," Senator Goldfinch said of coercive control.

"We're not opposed to this bill; we are very much in favor of having this be a successful bill," Jennifer Wells said, adding a request for more precision and training guidance for law enforcement.

"Micah's life was failed by multiple police departments," Abigail Francis said, urging lawmakers to add chargeable offenses and to move the bill forward.

The bill's scope and next steps The committee did not vote the bill out; members agreed to carry it over so staff can work with proponents and practitioners to tighten definitions, address constitutional questions and identify training and funding needs.