Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 25, Title 16 of the 1976 Code is amended by adding:
Section 16-25-710. This article may be cited as the 'Domestic Violence Fatality Review Committees'.
Section 16-25-720. (A)
Each Circuit Solicitor shall establish an
interagency circuit-wide Domestic Violence Fatality Review
Committee to assist local agencies in identifying and reviewing
domestic violence deaths, including homicides and suicides, and
facilitating communication among the various agencies involved
in domestic violence cases pursuant to the provisions of this
chapter or any other relevant provision of law.
(B) The South Carolina
Commission on Prosecution Coordination shall:
(1)
develop a protocol for domestic violence fatality reviews;
and
(2)
develop a protocol that must be used as a guideline to
assist coroners and other persons who perform autopsies on
domestic violence victims in the identification of domestic
violence, in the determination of whether domestic violence
contributed to the death or whether domestic violence occurred
prior to death but was not the actual cause of death, and in the
proper written reporting procedures for domestic violence,
including the designation of the cause and mode of death.
(C) Domestic violence
fatality review committees may be comprised of, but not limited
to, the following:
(1)
experts in the field of forensic pathology;
(2)
medical personnel with expertise in domestic violence;
(3)
coroners and medical examiners;
(4)
criminologists;
(5)
assistant solicitors;
(6)
domestic violence abuse organization staff;
(7)
legal aid attorneys who represent victims of abuse;
(8)
a representative of the local bar associations;
(9)
local and state law enforcement personnel;
(10)
representatives of local agencies that are involved with
domestic violence abuse reporting;
(11)
county health department staff who deal with domestic
violence victims' health issues;
(12)
representatives of local child abuse agencies; and
(13)
local professional associations of persons described in
this subsection.
(D) An oral or written
communication or a document shared within or produced by a
domestic violence fatality review committee related to a
domestic violence death is confidential and not subject to
disclosure pursuant to Chapter 4, Title 30, the Freedom of
Information Act, or discoverable by a third party. An oral or
written communication or a document provided by a third party to
a domestic violence fatality review committee is confidential
and not subject to disclosure pursuant to the Freedom of
Information Act or discoverable by a third party. However,
recommendations of a domestic violence fatality review committee
upon the completion of a review may be disclosed at the
discretion of a majority of the members of the committee.
(E) Only deaths in
which the investigation is closed and there is not a pending
prosecution may be reviewed by a domestic violence fatality
review committee.
(F) Upon request of the
domestic violence fatality review committee and as necessary to
carry out the committee's purpose and duties, as allowed by law,
the committee immediately must be provided:
(1)
by a provider of medical care, access to information and
records regarding a person whose death is being reviewed by the
committee pursuant to this article;
(2)
access to all information and records maintained by any
state, county, or local governmental agency including, but not
limited to, birth certificates, law enforcement investigation
data, county coroner or medical examiner investigation data,
parole and probation information and records, and information
and records of social services and health agencies that provided
services to the victim, alleged perpetrator, and other household
members.
Section 16-25-730. Meetings of the committee are closed to the public and are not subject to the provisions of the Freedom of Information Act when the committee is discussing an individual case. A violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
Section 16-25-740. (A)
All information and records acquired by the
committee in the exercise of their purposes and duties pursuant
to this article are confidential, exempt from disclosure under
the Freedom of Information Act, and only may be disclosed as
necessary to carry out the committee's duties and purposes.
(B) Except as necessary
to carry out the committee's purposes and duties, members of the
committee and persons attending their meeting may not disclose
what transpired at a meeting which is not public under the
Freedom of Information Act, and may not disclose information,
the disclosure of which is prohibited by this section.
(C) Members of the
committee, persons attending a committee meeting, and persons
who present information to the committee may not be required to
disclose in any civil or criminal proceeding information
presented in or opinions formed as a result of a meeting, except
that information available from other sources is not immune from
introduction into evidence through those sources solely because
it was presented during proceedings of the committee or because
it is maintained by the committee. Nothing in this subsection
prevents a person from testifying to information obtained
independently of the committee or which is public
information.
(D) Information,
documents, and records of the committee are not subject to
subpoena, discovery, or the Freedom of Information Act, except
that information, documents, and records otherwise available
from other sources are not immune from subpoena, discovery, or
the Freedom of Information Act through those sources solely
because they were presented during proceedings of the committee
or because they are maintained by the committee.
(E) Except as necessary
to carry out the committee's purposes and duties, members of the
committee are not to keep in their possession copies of
information, documents, and records subpoenaed or otherwise
obtained by or created by the committee. Upon the completion of
an investigation, all information, documents, and records
subpoenaed or otherwise obtained by or created by the committee
shall remain with the Office of the Circuit Solicitor and
retained pursuant to that office's policies.
(F) A violation of this
section is a misdemeanor and, upon conviction, a person must be
fined not more than five hundred dollars or imprisoned for not
more than six months, or both.
Section 16-25-750. Each
domestic fatality review committee shall make recommendations,
when appropriate to, but not limited to, the Domestic Violence
Advisory Committee created pursuant to Section 16-25-310
regarding:
(1)
training, including cross-agency training, consultation,
technical assistance needs, and service gaps that would decrease
the likelihood of domestic violence;
(2)
the need for changes to any statute, regulation, policy,
or procedure to decrease the incidences of domestic violence and
include proposals for changes to statutes, regulations,
policies, and procedures in the committee's annual report;
(3)
education of the public regarding the incidences and
causes of domestic violence, specific steps the public can
undertake to prevent domestic violence, and the support that
civic, philanthropic, and public service organizations can
provide in assisting the committee to educate the public;
(4)
training of medical examiners, coroners, law enforcement,
and other emergency responders on the causes and identification
of domestic violence incidents, indicators, and injuries;
and
(5)
the development and implementation of policies and
procedures for its own governance and operation."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.