S*1325(Rat #0552, Act #0502)  General Bill, By Moore, Jackson and Short

Similar(H 5028)
 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  Senate Introduced and read first time SJ-4
   04/06/94  Senate Referred to Committee on General SJ-4
   05/05/94  Senate Committee report: Favorable General SJ-8
   05/12/94  Senate Read second time SJ-33
   05/17/94  Senate Read third time and sent to House SJ-398
   05/18/94  House  Introduced, read first time, placed on calendar
                     without reference HJ-18
   05/26/94  House  Read second time HJ-72
   05/31/94  House  Read third time and enrolled HJ-36
   06/02/94         Ratified R 552
   08/25/94         Signed By Governor
   08/25/94         Effective date 08/25/94
   09/12/94         Copies available

AN ACT 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:

Committee members added

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."

Pathologist with forensic training to perform autopsy

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 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;"

Magistrate to issue inspection warrant

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 appropriate magistrate for a warrant to inspect the home or premises inhabited by the deceased before death. The 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."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 25th day of August, 1994.