H*3722(Rat #0080, Act #0034 of 2003)  General Bill, By Jennings, Bales and 
Limehouse
 AN ACT TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL
 TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION,
 SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS, VISUAL IMAGES,
 VIDEOS, AND AUDIO RECORDINGS OF OR RELATED TO AN AUTOPSY MAY BE VIEWED, OR
 DISSEMINATED AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS
 THAT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO
 REVISE CIRCUMSTANCES IN WHICH PHOTOGRAPHS AND VIDEOS OF AND RELATED TO THE
 PERFORMANCE OF AN AUTOPSY MAY BE VIEWED, AND TO PROVIDE THE CIRCUMSTANCES IN
 WHICH CERTAIN VISUAL IMAGES AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED
 AND USED. - ratified title

   03/04/03  House  Introduced and read first time HJ-75
   03/04/03  House  Referred to Committee on Judiciary HJ-76
   04/02/03  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   04/03/03  House  Amended HJ-15
   04/03/03  House  Read second time HJ-18
   04/03/03  House  Unanimous consent for third reading on next
                     legislative day HJ-18
   04/04/03  House  Read third time and sent to Senate HJ-2
   04/08/03         Scrivener's error corrected
   04/08/03  Senate Introduced and read first time SJ-31
   04/08/03  Senate Referred to Committee on Judiciary SJ-31
   04/23/03  Senate Committee report: Favorable with amendment
                     Judiciary SJ-25
   04/24/03  Senate Read second time SJ-51
   04/24/03  Senate Ordered to third reading with notice of
                     amendments SJ-51
   04/29/03  Senate Amended SJ-46
   04/29/03  Senate Read third time and returned to House with
                     amendments SJ-46
   04/30/03         Scrivener's error corrected
   05/01/03  House  Concurred in Senate amendment and enrolled HJ-19
   05/08/03         Ratified R 80
   05/14/03         Signed By Governor
   05/23/03         Copies available
   05/23/03         Effective date 05/14/03
   06/11/03         Act No. 34

(A34, R80, H3722)

AN ACT TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS, VISUAL IMAGES, VIDEOS, AND AUDIO RECORDINGS OF OR RELATED TO AN AUTOPSY MAY BE VIEWED, OR DISSEMINATED; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS THAT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REVISE CIRCUMSTANCES IN WHICH PHOTOGRAPHS AND VIDEOS OF AND RELATED TO THE PERFORMANCE OF AN AUTOPSY MAY BE VIEWED, AND TO PROVIDE THE CIRCUMSTANCES IN WHICH CERTAIN VISUAL IMAGES AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED AND USED.

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

Photographs, visual images, and audio recordings of an autopsy

SECTION    1.    Section 17-5-535 of the 1976 Code, as added by Act 350 of 2002, is amended to read:

"Section 17-5-535.    (A)    Photographs, videos, or other visual images and audio recordings of or related to the performance of an autopsy shall only be viewed by or disseminated to:

(1)    the coroner or the medical examiner, or both, and their staff;

(2)    members of law enforcement agencies, for official use only;

(3)    parents of the deceased, surviving spouse, children, guardian, personal representative next of kin, and any other person given permission or authorization to view or possess the visual images by the personal representative of the deceased's estate;

(4)    those involved in a judicial or administrative proceeding related to the death of the subject of the photograph, video, other visual image or audio recordings including, but not limited to:

(a)    parties to a civil suit arising from, related to, or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings, and the attorneys for the parties and the staff of the attorneys;

(b)    a person charged with a crime arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings, and the person's attorney and the staff of the attorney;

(c)    staff of the prosecutor's office considering or prosecuting criminal charges arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings;

(d)    lay and expert witnesses conferred with, consulted or retained by a party or an attorney considering or involved in a legal or administrative proceeding arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings;

(e)    judges and administrative hearing officers, as well as their staff, involved in a judicial or administrative proceeding arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings; and

(f)    members of any jury, including grand juries, petit juries and coroner's juries, empanelled to hear or decide any issue arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings;

(5)    physicians and other persons consulted by or supervising the physicians or persons who were involved in the performance of the autopsy of the subject of the photograph, video, other visual images, or audio recordings; and

(6)    a person who receives such photographs, videos, or other visual images pursuant to a validly issued court order, after notice and opportunity to object are provided to the personal representative of the deceased's estate.

These photographs and videos must be released and disseminated only as authorized by this section.

(B)    Notwithstanding the provisions contained in subsection (A), a photograph, video, other visual image of an autopsy, or an audio recording of an autopsy, or a combination of each of these items, after all information immediately identifying the decedent has been redacted and after making facial recognition anonymous to the extent reasonably possible if lawfully obtained or possessed may be used for:

(1)    legitimate medical scientific teaching or training purposes;

(2)    legitimate teaching or training of law enforcement personnel;

(3)    teaching or training of attorneys or other individuals with a professional need to use or understand forensic science or public health;

(4)    conferring with medical or scientific experts in the field of forensic science or public health; or

(5)    publication in a scientific or medical or legal journal or textbook.

(C)    A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five thousand dollars nor more than fifty thousand dollars. Each violation under this section must be considered a separate offense."

Freedom of Information Act

SECTION    2.    Section 30-4-40(a)(18) of the 1976 Code, as added by Act 350 of 2002, is amended to read:

"(18)    Photographs, videos, and other visual images, and audio recordings of and related to the performance of an autopsy, except that the photographs, videos, images, or recordings may be viewed and used by the persons identified in Section 17-5-535 for the purposes contemplated or provided for in that section."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 8th day of May, 2003.

Approved the 14th day of May, 2003.