South Carolina General Assembly
121st Session, 2015-2016

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A234, R271, H4878

STATUS INFORMATION

General Bill
Sponsors: Reps. Tallon, Allison, Bales, Anthony, Burns, Kennedy, Quinn, Chumley, Clary, Gagnon, Hixon and Loftis
Document Path: l:\council\bills\gt\5066cm16.docx

Introduced in the House on February 10, 2016
Introduced in the Senate on March 17, 2016
Last Amended on May 31, 2016
Passed by the General Assembly on June 2, 2016
Governor's Action: June 3, 2016, Signed

Summary: Confidential communication

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/10/2016  House   Introduced and read first time (House Journal-page 46)
   2/10/2016  House   Referred to Committee on Judiciary 
                        (House Journal-page 46)
   3/10/2016  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 31)
   3/16/2016  House   Amended (House Journal-page 65)
   3/16/2016  House   Read second time (House Journal-page 65)
   3/16/2016  House   Roll call Yeas-84  Nays-0 (House Journal-page 66)
   3/17/2016  House   Read third time and sent to Senate 
                        (House Journal-page 18)
   3/17/2016  Senate  Introduced and read first time (Senate Journal-page 15)
   3/17/2016  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 15)
    5/5/2016  Senate  Referred to Subcommittee: Hembree (ch), Corbin, McElveen
   5/18/2016  Senate  Committee report: Favorable Judiciary 
                        (Senate Journal-page 18)
   5/31/2016  Senate  Amended (Senate Journal-page 37)
   5/31/2016  Senate  Read second time (Senate Journal-page 37)
   5/31/2016  Senate  Roll call Ayes-44  Nays-0 (Senate Journal-page 37)
    6/1/2016          Scrivener's error corrected
    6/1/2016  Senate  Read third time and returned to House with amendments 
                        (Senate Journal-page 36)
    6/2/2016  House   Concurred in Senate amendment and enrolled 
                        (House Journal-page 19)
    6/2/2016  House   Roll call Yeas-100  Nays-0 (House Journal-page 19)
    6/2/2016          Ratified R 271
    6/3/2016          Signed By Governor
    6/9/2016          Effective date 06/03/16
    6/9/2016          Act No. 234

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/10/2016
3/10/2016
3/16/2016
5/18/2016
5/31/2016
6/1/2016


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

(A234, R271, H4878)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-85 SO AS TO PROVIDE THAT COMMUNICATIONS BETWEEN A PUBLIC SAFETY EMPLOYEE OR THE EMPLOYEE'S IMMEDIATE FAMILY AND CERTAIN CRITICAL INCIDENT SUPPORT SERVICE PROVIDERS SHALL BE CONFIDENTIAL AND PRIVILEGED UNDER CERTAIN CIRCUMSTANCES.

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

Confidential communications

SECTION    1.    Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-85.    (A)    As used in this section:

(1)    'Client' means a public safety employee or a public safety employee's immediate family.

(2)    'Immediate family' means the spouse, child, stepchild, parent, or stepparent.

(3)    'Peer-support team' means any critical incident support service provider who has received training to provide emotional and moral support to a client involved in a critical incident, including, but not limited to, chaplains, mental health professionals, and public safety peers.

(B)    Notwithstanding any other provision of law, except as provided in subsection (C), communications between a client and any member of a peer-support team, including other clients involved in the same peer-support process, shall be confidential and privileged as provided by Section 19-11-95(B).

(C)    The confidentiality and privilege created by subsection (B) shall not apply when:

(1)    the disclosure is authorized by the client making the disclosure, or, if the client is deceased, the disclosure is authorized by the client's executor, administrator, or in the case of unadministrated estates, the client's next of kin. This provision only applies to statements made by the client;

(2)    the peer-support team member was an initial responding officer, witness, or party to the critical incident;

(3)    the communication was made when the member of the peer-support team was not performing official duties in the peer-support process; or

(4)    the disclosure evidences a present threat to the client or to any other individual, or the disclosure constitutes an admission of a violation of state or federal law.

(D)    Notwithstanding any other provision of law, this section does not require the disclosure of any otherwise privileged communications and does not relieve any mandatory reporting requirements."

Time effective

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

Ratified the 2nd day of June, 2016.

Approved the 3rd day of June, 2016.

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This web page was last updated on June 28, 2016 at 4:42 PM