H*3668(Rat #0458, Act #0350 of 2002)  General Bill, By Jennings and Cato

Similar(S 461)
 A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM
 OF INFORMATION ACT, SO AS TO EXEMPT PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO
 THE PERFORMANCE OF AN AUTOPSY, AND BY ADDING SECTION 17-5-535 SO AS TO PROVIDE
 THAT PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY
 MAY ONLY BE VIEWED BY CERTAIN PERSONS AND PROVIDE A PENALTY FOR
 VIOLATION.-amended title

   03/06/01  House  Introduced and read first time HJ-11
   03/06/01  House  Referred to Committee on Judiciary HJ-12
   05/09/01  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   05/10/01  House  Amended HJ-22
   05/10/01  House  Read second time HJ-22
   05/10/01  House  Unanimous consent for third reading on next
                     legislative day HJ-22
   05/11/01  House  Read third time and sent to Senate HJ-2
   05/14/01  Senate Introduced and read first time SJ-6
   05/14/01  Senate Referred to Committee on Judiciary SJ-6
   04/24/02  Senate Committee report: Favorable with amendment
                     Judiciary SJ-16
   05/16/02  Senate Amended SJ-42
   05/16/02  Senate Read second time SJ-42
   05/16/02  Senate Ordered to third reading with notice of
                     amendments SJ-42
   05/29/02  Senate Amended SJ-79
   06/05/02  Senate Read third time and returned to House with
                     amendments SJ-40
   06/06/02  House  Concurred in Senate amendment and enrolled HJ-20
   06/06/02         Ratified R 458
   07/19/02         Signed By Governor
   08/06/02         Act No. 350
   08/06/02         Effective date 07/19/02
   08/06/02         Copies available

AN ACT TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY, AND BY ADDING SECTION 17-5-535 SO AS TO PROVIDE THAT PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY MAY ONLY BE VIEWED BY CERTAIN PERSONS AND PROVIDE A PENALTY FOR VIOLATION.

Be it enacted by the General Assembly of the State of South Carolina:

Photographs or videos of autopsy exempt from FOI

SECTION 1. Section 30-4-40(a) of the 1976 Code, as last amended by Act 122 of 1999, is further amended by adding an appropriately numbered item at the end to read:

"( ) Photographs or videos of and incidental to the performance of an autopsy, except that the photographs or videos may be viewed by:

( i) a law enforcement agency, for official use only;

(ii) parents of the deceased, surviving spouse, guardian, personal representative, or next of kin;

(iii) a prosecutor or a defendant when the defendant in the case is accused of the murder or homicide of the subject of the photograph or video;

(iv) a person bringing or defending a civil action or administrative matter where the photo or video is considered by the judge or hearing officer, by written order, to be relevant to the action or matter; or

(v) a person who receives such photograph or video pursuant to a validly issued subpoena, after notice and opportunity to object are provided to the personal representative of the decedent's estate."

Photographs or videos only viewed by certain persons

SECTION 2. The 1976 Code is amended by adding:

"Section 17-5-535. (A) Photographs or videos of and incidental to the performance of an autopsy shall only be viewed by:

(1) the coroner or the medical examiner, and their deputies;

(2) a law enforcement agency, for official use only;

(3) parents of the deceased, surviving spouse, guardian, personal representative, or next of kin;

(4) a prosecutor or a defendant when the defendant in the case is accused of the murder or homicide of the subject of the photograph or video;

(5) a person bringing or defending a civil action or administrative matter where the photo or video is considered by the judge or hearing officer, by written order, to be relevant to the action or matter; and

(6) a person who receives such photograph or video pursuant to a validly issued subpoena, after notice and opportunity to object are provided to the personal representative of the decedent's estate.

These photographs and videos must be released and disseminated only as authorized by this section.

(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five thousand dollars nor more than fifty thousand dollars. Each violation under this section must be considered a separate offense."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 6th day of June, 2002.

Approved the 19th day of July, 2002.