South Carolina General Assembly
111th Session, 1995-1996

Bill 4575

Indicates Matter Stricken
Indicates New Matter 

                    Current Status

Bill Number:                       4575
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19960207
Primary Sponsor:                   Tucker
All Sponsors:                      Tucker, Shissias, Stuart,
                                   Allison, R. Smith, Robinson, Riser
                                   and Vaughn 
Drafted Document Number:           dka\3501cm.96
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Mental health examiner's report,
                                   trial provisions
History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960207  Introduced, read first time,             25 HJ
                  referred to Committee
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 44-23-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN EXAMINER'S REPORT CONCERNING A PERSON'S FITNESS TO STAND TRIAL, SO AS TO NOT PRECLUDE THE COURT FROM ORDERING AN EXAMINATION ON THE QUESTION OF INSANITY OR CRIMINAL RESPONSIBILITY BY AN EXAMINER DESIGNATED BY THE PROSECUTION.

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

SECTION 1. Section 44-23-420 of the 1976 Code is amended to read:

"Section 44-23-420. (A) Within five days of examination under Section 44-23-410(1) or at the conclusion of the observation period under Section 44-23-410(2), the designated examiners shall make a written report to the court which shall include includes:

(1) a diagnosis of the person's mental condition,; and

(2) clinical findings bearing on the issues of whether or not the person is capable of understanding the proceedings against him and assisting in his own defense, and if there is a substantial probability that he will attain that capacity in the foreseeable future.

(B) The report of the designated examiners shall not contain any findings nor shall the examiners testify on the question of insanity should it be raised as a defense unless further examination on the question of insanity is ordered by the court.

(C) This section does not preclude the court from ordering an examination concerning the question of insanity or criminal responsibility by an examiner designated by the prosecution in addition to or instead of the examination contained in Section 44-23-410."

SECTION 2. This act takes effect upon approval by the Governor.

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