South Carolina General Assembly
109th Session, 1991-1992

Bill 1212


                    Current Status

Introducing Body:               Senate
Bill Number:                    1212
Ratification Number:            420
Act Number:                     365
Primary Sponsor:                Bryan
Type of Legislation:            GB
Subject:                        Mentally ill, hearings
Date Bill Passed both Bodies:   May 06, 1992
Computer Document Number:       NO5/8012.BD
Governor's Action:              S
Date of Governor's Action:      May 19, 1992
Introduced Date:                Jan 22, 1992
Last History Body:              ------
Last History Date:              May 19, 1992
Last History Type:              Act No. 365
Scope of Legislation:           Statewide
All Sponsors:                   Bryan
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1212  ------  May 19, 1992  Act No. 365
 1212  ------  May 19, 1992  Signed by Governor
 1212  ------  May 13, 1992  Ratified R 420
 1212  House   May 06, 1992  Read third time, enrolled for
                             ratification
 1212  House   May 05, 1992  Read second time
 1212  House   Apr 29, 1992  Debate adjourned until
                             Thursday, April 30, 1992
 1212  House   Apr 15, 1992  Committee Report: Favorable     27
 1212  House   Mar 17, 1992  Introduced, read first time,    27
                             referred to Committee
 1212  Senate  Mar 12, 1992  Read third time, sent to House
 1212  Senate  Mar 11, 1992  Read second time, notice of
                             general amendments
 1212  Senate  Mar 10, 1992  Committee Report: Favorable     13
 1212  Senate  Jan 22, 1992  Introduced, read first time,    13
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A365, R420, S1212)

AN ACT TO AMEND SECTIONS 44-17-420 AND 44-17-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS REQUIRED FOR MENTALLY ILL PERSONS, SO AS TO DELETE THE EXCLUSION OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS IN DETERMINING THE TIME REQUIREMENTS FOR NOTICE OF THE HEARINGS.

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

Time of hearings required for mentally ill persons includes Saturdays, Sundays, and legal holidays

SECTION 1. Section 44-17-420 of the 1976 Code is amended to read:

"Section 44-17-420. At least five days before the hearing scheduled by the court pursuant to Section 44-17-410(3), the clerk or other officer of the probate court shall give written notice of the hearing to the person, his counsel, the applicant, and other interested persons. The notice must include the date, time, and place of the hearing, the basis for the person's detention, conclusions and underlying facts, and the standard upon which he has been detained. The notice of hearing also must include a statement advising the recipient that the person may request the names of designated examiners and other persons who may testify in favor of his continued detention and the substance of their proposed testimony."

Time of hearings required for mentally ill persons includes Saturdays, Sundays, and legal holidays

SECTION 2. Section 44-17-550 of the 1976 Code is amended to read:

"Section 44-17-550. Notice of the hearing must be given to the person, his counsel, and other interested persons at least five days before the hearing. Notice must include the time, date, and place of the hearing, the underlying facts, and the standards under which the person is sought to be committed. A copy of the designated examiners report must be provided to the person's counsel. The notice of hearing also must include a statement advising the recipient that the person may request the names of the designated examiners and other persons who may testify in favor of his commitment and the substance of their proposed testimony."

Time effective

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

Approved the 19th day of May, 1992.