S*0391(Rat #0090, Act #0052 of 2007)  General Bill, By Knotts, Elliott, Grooms, 
Drummond, Ford, Anderson, McGill and Mescher

Similar(H 3740)
 AN ACT TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN
 WHICH A VACANCY IS FILLED AND TO PROVIDE THE CHIEF MAGISTRATE OF THE COUNTY,
 OR HIS DESIGNEE, SHALL SERVE AS CORONER UNTIL THE REPLACEMENT TAKES OFFICE; TO
 AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY
 THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT
 INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS MANDATORY
 RATHER THAN DISCRETIONARY; TO AMEND SECTION 17-5-520, RELATING TO THE
 AUTHORITY OF A CORONER OR MEDICAL EXAMINER TO DETERMINE THAT AN AUTOPSY BE
 MADE, SO AS TO REQUIRE THE CORONER OR MEDICAL EXAMINER TO REQUEST AN AUTOPSY
 IF A CHILD'S DEATH OCCURS AS A RESULT OF VIOLENCE OR IS UNEXPLAINED INCLUDING
 POSSIBLE SUDDEN INFANT DEATH SYNDROME, AND TO PROVIDE FOR THE MANNER IN WHICH
 THE AUTOPSY SHALL BE CONDUCTED; TO AMEND SECTION 20-7-5915, AS AMENDED,
 RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION IN
 REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER
 IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE
 CIRCUMSTANCES AND WHEN A CORONER SHALL BE REQUESTED TO REOPEN A CASE; TO AMEND
 SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD
 FATALITY ADVISORY COMMITTEE IN REGARD TO THE INVESTIGATION OF A DEATH, SO AS
 TO PROVIDE THAT THE CORONER OR MEDICAL EXAMINER MUST BE NOTIFIED ABOUT A
 REVIEW MEETING AND REQUESTED TO ATTEND; AND TO REPEAL SECTION 17-5-80 RELATING
 TO A MAGISTRATE ACTING AS A CORONER IN CERTAIN CASES. - ratified title

   02/01/07  Senate Introduced and read first time SJ-2
   02/01/07  Senate Referred to Committee on Judiciary SJ-2
   02/12/07  Senate Referred to Subcommittee: Hutto (ch), Jackson,
                     Knotts, Bryant
   04/12/07  Senate Committee report: Favorable with amendment
                     Judiciary SJ-18
   04/13/07         Scrivener's error corrected
   04/17/07  Senate Amended SJ-12
   04/17/07  Senate Read second time SJ-12
   04/18/07  Senate Read third time and sent to House SJ-13
   04/18/07  House  Introduced and read first time HJ-124
   04/18/07  House  Referred to Committee on Judiciary HJ-124
   05/16/07  House  Committee report: Favorable with amendment
                     Judiciary HJ-74
   05/22/07  House  Amended HJ-40
   05/22/07  House  Read second time HJ-41
   05/23/07  House  Read third time and returned to Senate with
                     amendments HJ-24
   05/24/07  Senate Concurred in House amendment and enrolled SJ-109
   05/31/07         Ratified R 90
   06/06/07         Signed By Governor
   06/13/07         Copies available
   06/13/07         Effective date 06/06/07
   06/15/07         Act No. 52

(A52, R90, S391)

AN ACT TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND TO PROVIDE THE CHIEF MAGISTRATE OF THE COUNTY, OR HIS DESIGNEE, SHALL SERVE AS CORONER UNTIL THE REPLACEMENT TAKES OFFICE; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS MANDATORY RATHER THAN DISCRETIONARY; TO AMEND SECTION 17-5-520, RELATING TO THE AUTHORITY OF A CORONER OR MEDICAL EXAMINER TO DETERMINE THAT AN AUTOPSY BE MADE, SO AS TO REQUIRE THE CORONER OR MEDICAL EXAMINER TO REQUEST AN AUTOPSY IF A CHILD'S DEATH OCCURS AS A RESULT OF VIOLENCE OR IS UNEXPLAINED INCLUDING POSSIBLE SUDDEN INFANT DEATH SYNDROME, AND TO PROVIDE FOR THE MANNER IN WHICH THE AUTOPSY SHALL BE CONDUCTED; TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION IN REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE CIRCUMSTANCES AND WHEN A CORONER SHALL BE REQUESTED TO REOPEN A CASE; TO AMEND SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE IN REGARD TO THE INVESTIGATION OF A DEATH, SO AS TO PROVIDE THAT THE CORONER OR MEDICAL EXAMINER MUST BE NOTIFIED ABOUT A REVIEW MEETING AND REQUESTED TO ATTEND; AND TO REPEAL SECTION 17-5-80 RELATING TO A MAGISTRATE ACTING AS A CORONER IN CERTAIN CASES.

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

Vacancies

SECTION    1.    Section 17-5-50 of the 1976 Code is amended to read:

"Section 17-5-50.    In the event of a vacancy in the office of coroner, the Governor shall fill the office by appointment as provided in Section 4-11-20. The chief magistrate of the county or his designee shall serve as coroner until such time as the Governor appoints a qualified replacement, and he takes office."

Investigators and deputies

SECTION    2.    Section 17-5-70 of the 1976 Code, as last amended by Act 73 of 2001, is further amended to read:

"Section 17-5-70.    A county coroner shall appoint one or more deputies or investigators to be approved by the judge of the circuit or by any circuit judge presiding therein, who must take and subscribe the oath prescribed by the constitution before entering upon the duties of appointment as a deputy coroner. The oath may be administered by any officer authorized to administer oaths in the county. The appointment must be evidenced by a certificate thereof, signed by the coroner, and continue at the coroner's pleasure. The coroner may take a bond and surety from his deputy as he considers necessary to secure the faithful discharge of the duties of the appointment, but the coroner must always be answerable for the neglect of duty or misconduct in office of his deputy coroner. When duly qualified, as herein required, the deputy coroner may do and perform any or all of the duties appertaining to the office of the coroner."

Request for an autopsy

SECTION    3.    Section 17-5-520 of the 1976 Code is amended to read:

"Section 17-5-520.    (A)    In addition to the powers vested in other law enforcement officials to order an autopsy, the coroner or medical examiner is authorized to determine that an autopsy be made.

(B)    The coroner or medical examiner immediately shall request an autopsy if a child's death occurs as defined in Section 17-5-540. The autopsy must be performed as soon as possible by a pathologist with forensic training."

Performance of an autopsy; reopening of a case

SECTION    4.    Section 20-7-5915(B)(1) and (3) of the 1976 Code, as last amended by Act 73 of 2001, is further amended to read:

"(1)    upon receipt of a report of a child death from the county coroner or medical examiner, as required by Section 17-5-540, 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 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 must begin an investigation;

(3)    upon receipt of additional investigative information, reopen a SLED case, and request in writing as soon as possible for the coroner to reopen a case for another coroner's inquest;"

Notification of review meeting

SECTION    5.    Section 20-7-5920(B)(1) of the 1976 Code, as last amended by Act 73 of 2001, is further amended to read:

"(1)    meet with the department no later than one month after the department receives notification by the county coroner or medical examiner pursuant to Section 17-5-540 to review the investigation of the death. The Child Fatality Advisory Committee shall notify the county coroner or medical examiner about the review meeting and request that the county coroner or medical examiner attend the review meeting;"

Repeal

SECTION    6.    Section 17-5-80 of the 1976 Code is repealed.

Time effective

SECTION    7.    This act takes effect upon approval by the Governor.

Ratified the 31st day of May, 2007.

Approved the 6th day of June, 2007.