Current Status Introducing Body:Senate Bill Number:1541 Primary Sponsor:McConnell Committee Number:11 Type of Legislation:GB Subject:Autopsy of child under seven required Residing Body:Senate Current Committee:Judiciary Computer Document Number:1541 Introduced Date:May 07, 1992 Last History Body:Senate Last History Date:May 07, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McConnell Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1541 Senate May 07, 1992 Introduced, read first time, 11
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 17-5-265 AND 17-7-12, SO AS TO REQUIRE THAT PERSONS REPORT TO THE MEDICAL EXAMINER OR CORONER WHEN A CHILD SEVEN YEARS OF AGE OR UNDER DIES UNDER CERTAIN CIRCUMSTANCES, TO REQUIRE THE MEDICAL EXAMINER OR CORONER TO INVESTIGATE SUCH REPORTS AND REPORT HIS FINDINGS, AND TO REQUIRE THAT AN AUTOPSY BE PERFORMED UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 17 of the 1976 Code is amended by adding:
"Section 17-5-265. (A) When a child seven years of age or under dies in any county in this State:
(1) as a result of violence;
(2) suddenly when in apparent good health;
(3) when unattended by a physician;
(4) in any suspicious or unusual manner; or
(5) when the death is unexpected or unexplained;
it is the duty of any law enforcement officer or other person having knowledge of such death to immediately report the death to the medical examiner or coroner of the county wherein the body is found or death occurs.
(B) Any person required under Section 20-7-510(A) to report cases of suspected child abuse or neglect, including a worker of the local child protective service agency, who has reason to believe that a child has died as result of child abuse or neglect, shall report that fact to the appropriate medical examiner or coroner. Any other person who has reason to believe that a child has died as a result of child abuse or neglect may report that fact to the appropriate medical examiner or coroner.
(C) The medical examiner or coroner shall accept reports he receives pursuant to subsections (A) and (B) for investigation and shall report his findings to the appropriate law enforcement agency, the circuit solicitor's office, the local child protective service agency, and to the hospital if the institution making a report is a hospital.
(D) When a medical examiner or coroner has been notified pursuant to this section of the death of a child seven years of age or under, the medical examiner's or coroner's report required by subsection (C) must include an autopsy unless the medical examiner or coroner determines through an investigation, which must include a review of the facts by a licensed physician or pathologist, that such death was expected or is explainable with a reasonable degree of medical certainty or unless the child's death is the result of a motor vehicle accident, a train accident, or an airplane accident."
SECTION 2. Chapter 7, Title 17 of the 1976 Code is amended by adding:
"Section 17-7-12. (A) When a child seven years of age or under dies in any county in this State:
(1) as a result of violence;
(2) suddenly when in apparent good health;
(3) when unattended by a physician;
(4) in any suspicious or unusual manner; or
(5) when the death is unexpected or unexplained;
it is the duty of any law enforcement officer or other person having knowledge of such death to immediately report the death to the medical examiner or coroner of the county wherein the body is found or death occurs.
(B) Any person required under Section 20-7-510(A) to report cases of suspected child abuse or neglect, including a worker of the local child protective service agency, who has reason to believe that a child has died as result of child abuse or neglect, shall report that fact to the appropriate medical examiner or coroner. Any other person who has reason to believe that a child has died as a result of child abuse or neglect may report that fact to the appropriate medical examiner or coroner.
(C) The medical examiner or coroner shall accept reports he receives pursuant to subsections (A) and (B) for investigation and shall report his findings to the appropriate law enforcement agency, the circuit solicitor's office, the local child protective service agency, and to the hospital if the institution making a report is a hospital.
(D) When a medical examiner or coroner has been notified pursuant to this section of the death of a child seven years of age or under, the medical examiner's or coroner's report required by subsection (C) must include an autopsy unless the medical examiner or coroner determines through an investigation, which must include a review of the facts by a licensed physician or pathologist, that such death was expected or is explainable with a reasonable degree of medical certainty or unless the child's death is the result of a motor vehicle accident, a train accident, or an airplane accident."
SECTION 2. This act takes effect upon approval by the Governor.