View Amendment Current Amendment: 170R006.KM.CBH.docx to Bill 170     Senators HUTTO and MALLOY proposed the following amendment (170R006.KM.CBH):
    Amend the bill, as and if amended, page 2, by striking lines 42-43, and page 3, by striking lines 1-14 and inserting:

/     (C)     For the purposes of a civil or criminal proceeding, the findings of a local Child Fatality Review Team are not binding on a court. A trial court that hears a civil or criminal matter in which a review team's findings are presented to the judge shall instruct the jury that it is not bound to accept the findings as fact and that it should make its own determination about the truth and veracity of the review team's findings."             /

    Amend the bill further, as and if amended, by striking SECTION 5 in its entirety and inserting:

/     SECTION     5.     Article 7, Chapter 5, Title 17 of the 1976 Code is amended by adding:

    "Section 17-5-544.     (A)     All information and records acquired by the Child Fatality Review Team in the exercise of their purposes and duties pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the review team's duties and purposes or as pursuant to subsection (F).
    (B)     Statistical compilations of data that do not contain information that would permit the identification of a person to be ascertained are public records.
    (C)     Reports of the review team that do not contain information that would permit the identification of a person to be ascertained are public information.
    (D)     Except as necessary to carry out the review team's purposes and duties and except as provided in subsection (E), members of the committee and persons attending their meeting may not disclose what transpired at a meeting and may not disclose information, the disclosure of which is prohibited by this section.
    (E)     Members of the Child Fatality Review Team, persons attending a committee meeting, and persons who present information to the review team may be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of a meeting.
    (F)     Information, documents, and records of the review team are subject to subpoena and discovery in a criminal or civil proceeding.
    (G)     Violation of this section is a misdemeanor, and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned for not more than six months, or both."                     /

    Renumber sections to conform.
    Amend title to conform.