H 5028 Session 110 (1993-1994)
H 5028 General Bill, By Cobb-Hunter
Similar(S 1325)
A Bill to amend Section 20-7-5910, Code of Laws of South Carolina, 1976,
relating to the Child Fatality Advisory Committee, so as to add a forensic
pathologist and two members at large; to amend Section 20-7-5915, relating to
duties of the State Law Enforcement Division, Department of Child Fatalities,
so as to provide that an autopsy must be performed by a pathologist with
forensic training rather than by a forensic pathologist; and to amend Section
17-5-275, relating to an inspection of a home in which a child fatality
occurred so as to provide that the petition may be made to and an inspection
warrant issued by a local magistrate rather than the circuit court.
04/06/94 House Introduced and read first time HJ-5
04/06/94 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-5
04/21/94 House Recalled from Committee on Medical, Military,
Public and Municipal Affairs HJ-61
05/17/94 House Read second time HJ-384
05/18/94 House Debate adjourned until Thursday, May 19, 1994 HJ-23
05/19/94 House Point of order- Fiscal impact statement needed HJ-14
05/24/94 House Read third time and sent to Senate HJ-16
05/25/94 Senate Introduced and read first time SJ-10
05/25/94 Senate Referred to Committee on General SJ-10
Indicates Matter Stricken
Indicates New Matter
RECALLED
April 21, 1994
H. 5028
Introduced by REP. Cobb-Hunter
S. Printed 4/21/94--H.
Read the first time April 6, 1994.
A BILL
TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE CHILD FATALITY
ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC
PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND
SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW
ENFORCEMENT DIVISION, DEPARTMENT OF CHILD
FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE
PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING
RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO
AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF
A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO
PROVIDE THAT THE PETITION MAY BE MADE TO AND AN
INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE
RATHER THAN THE CIRCUIT COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-5910(A) of the 1976 Code, as added by Part
II, Section 88C, Act 164 of 1993, is amended by adding at the end:
"(14) a forensic pathologist; and
(15) two members of the public at large, one of which must represent
a private nonprofit organization that advocates children services."
SECTION 2. Section 20-7-5915(B)(1) of the 1976 Code, as added by
Part II, Section 88C, Act 164 of 1993, is amended to read:
"(1) upon receipt of a report of a child death from the county
coroner or medical examiner, as required by Sections 17-5-140 and
17-5-265, investigate and gather all information on the child fatality.
The coroner or medical examiner immediately shall request an autopsy
if SLED determines that an autopsy is necessary. The autopsy must be
performed by a forensic pathologist with forensic
training as soon as possible. The forensic pathologist shall inform
the department of the findings within forty-eight hours of completion of
the autopsy. If the autopsy reveals the cause of death to be pathological
or an unavoidable accident, the case must be closed by the department.
If the autopsy reveals physical or sexual trauma, suspicious markings,
or other findings that are questionable or yields no conclusion to the
cause of death, the department immediately shall begin an
investigation;"
SECTION 3. Section 17-5-275 of the 1976 Code, as added by Part II,
Section 88G, Act 164 of 1993, is amended to read:
"Section 17-5-275. If the home or premises last inhabited by
a child is not the scene of the death of a child, the medical examiner,
while conducting an investigation of the death, may petition the
circuit court of the appropriate judicial circuit
magistrate for a warrant to inspect the home or premises
inhabited by the deceased before death. The circuit court
magistrate shall issue the inspection warrant upon probable
cause to believe that events in the home or premises may have
contributed to the death of the child."
SECTION 4. This act takes effect upon approval by the Governor.
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