Current Status Bill Number:3177 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:Govan All Sponsors:Govan, Inabinett Drafted Document Number:BBM\9706AC.95 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Accident or crime scene, blood or body fluids
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950110 Introduced, read first time, 27 H3M
referred to Committee
House 19941221 Prefiled, referred to Committee 27 H3M
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-230 SO AS TO REQUIRE A LAW ENFORCEMENT AGENCY INVESTIGATING THE SCENE OF AN ACCIDENT OR CRIME TO NOTIFY OWNERS OR OCCUPANTS OF PROPERTY WHEN BLOOD, BODY FLUIDS, OR BODY TISSUE ARE LEFT ON THE PROPERTY AND THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE CONTACTED FOR INFORMATION ON PROPER DISINFECTING AND DISPOSAL; AND TO PROVIDE IMMUNITY FROM LIABILITY UNDER CERTAIN CONDITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 23-1-230. (A) The law enforcement agency having original jurisdiction for investigating the scene of an accident or crime where blood, body fluids, or body tissue from the accident or crime remain on private property shall notify the owners or occupants of the property in writing, which may be affected by posting, that blood, body fluids, or body tissue are present on the property and that the Department of Health and Environmental Control may be contacted for information on the proper treatment and disposal of the blood, body fluids, or body tissue. The form and content of the notice must be as prescribed by the Department of Health and Environmental Control.
(B) No law enforcement agency or officer or state or local governmental officer, employee, agency, or entity is liable for acts or omissions committed in connection with subsection (A) if the acts or omissions were committed in good faith and do not constitute gross negligence, recklessness, wilfulness, or wantonness."
SECTION 2. This act takes effect January 1, 1996.