S*1325 Session 110 (1993-1994)
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
(A502, R552, S1325)
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. |