Reference is to Introduced Version.
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. Section 63-7-40(B), (G), and (J) of the 1976 Code is amended to read:
"(B)(1)
A facility, agency, or other location designated
as a safe haven pursuant to subsection (J)(2) must post a notice
prepared by the department on its premises that is prominently
displayed for view by the public, stating that the facility,
agency, or other location is a safe haven at which a person may
leave an infant.
(2)
The safe haven must offer the person leaving the
infant information concerning the legal effect of leaving the
infant with the safe haven.
(2)(3) The
safe haven must ask the person leaving the infant to identify
any parent of the infant other than the person leaving the
infant with the safe haven. The safe haven also must attempt to
obtain from the person information concerning the infant's
background and medical history as specified on a form provided
by the Department of Social Services
department. This information includes
must include, but is not limited to, information
concerning the use of a controlled substance by the infant's
mother, provided that information regarding the use of a
controlled substance by the infant's mother is not admissible as
evidence of the unlawful use of a controlled substance in any
court proceeding. The safe haven shall
must give the person a copy of the form and a prepaid
envelope for mailing the form to the Department of
Social Services department if the person does
not wish to provide the information to the safe haven.
These The department must provide these
materials must be provided to safe havens
by the department.
(3)(4)
Any identifying Identifying
information disclosed by the person leaving the infant must be
kept confidential by the safe haven and disclosed to no one
other than the department. However, if a court determines that
the immunity provisions of subsection (H) do not apply, the safe
haven may disclose the information as permitted by
confidentiality protections applicable to records of the safe
haven, if the safe haven has such confidentiality protections
for records. The department shall must
maintain confidentiality of this information in accordance with
Section 63-7-1990.
(G) A person who leaves
an infant at a safe haven or directs another person to do so
must not be prosecuted for any criminal offense on account of
such action if:
(1)
the person is a parent of the infant or is acting at the
direction of a parent;
(2)
the person leaves the infant in the physical custody of a
staff member or an employee of the safe haven; and
(3)
the infant is not more than thirty one
hundred eighty days old or the infant is reasonably
determined by the hospital or hospital outpatient facility to be
not more than thirty one hundred eighty
days old.
This subsection does not apply to
prosecution for the infliction of any harm upon the infant other
than the harm inherent in abandonment.
(J) For purposes of
this section:
(1)
'infant' means a person not more than
thirty one hundred eighty days old;
and
(2)
'safe haven' means a hospital or hospital outpatient
facility, a law enforcement agency, a fire station, an emergency
medical services station, or any staffed house of worship during
hours when the facility is staffed."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.