S 0051 General Bill, By Bryan
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 17-24-45 so as to provide for the right to re-examination after a defendant is
 committed to the South Carolina State Hospital following a verdict of "not
 guilty by reason of insanity".

   01/12/93  Senate Introduced and read first time SJ-39
   01/12/93  Senate Referred to Committee on Judiciary SJ-39
   02/10/93  Senate Committee report: Favorable with amendment
                     Judiciary SJ-9
   02/11/93  Senate Amended SJ-26
   02/11/93  Senate Read second time SJ-26
   02/17/93  Senate Read third time and sent to House SJ-22
   02/18/93  House  Introduced and read first time HJ-11
   02/18/93  House  Referred to Committee on Judiciary HJ-11

February 11, 1993

S. 51

S. Printed 2/11/93--S.

Read the first time January 12, 1993.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-24-45 SO AS TO PROVIDE FOR THE RIGHT TO RE-EXAMINATION AFTER A DEFENDANT IS COMMITTED TO THE SOUTH CAROLINA STATE HOSPITAL FOLLOWING A VERDICT OF "NOT GUILTY BY REASON OF INSANITY".

Amend Title To Conform

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

SECTION 1. The 1976 Code is amended by adding:

"Section 17-24-45. (A) A defendant committed under Section 17-24-40(C)(2)(b) is entitled to have a re-examination on the defendant's own petition or that of an interested person to the chief administrative judge. The treatment facility shall inform a defendant of the right to petition for re-examination. Notice of this right must be given in writing upon commitment and every six months after commitment.

(B) Upon receiving the petition, the chief administrative judge shall conduct proceedings in accordance with Section 17-24-40(C)(2)(c). The proceedings are not required if the petition is filed sooner than six months after the issuance of the commitment order or sooner than six months after holding a hearing pursuant to this section. The costs must be borne by the petitioner unless the court determines that the petitioner cannot afford these costs."

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