Current Status Introducing Body:
HouseBill Number: 3074Ratification Number: 70Act Number: 34Primary Sponsor: P. HarrisType of Legislation: GBSubject: Mentally ill, examiners hearing time decreasedCompanion Bill Number: 382Date Bill Passed both Bodies: Apr 04, 1991Computer Document Number: NO5/7070.BDGovernor's Action: SDate of Governor's Action: Apr 24, 1991Introduced Date: Jan 08, 1991Last History Body: ------Last History Date: Apr 24, 1991Last History Type: Act No. 34Scope of Legislation: StatewideAll Sponsors: P. Harris Carnell J. Harris Mattos WhipperType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3074 ------ Apr 24, 1991 Act No. 34 3074 ------ Apr 24, 1991 Signed by Governor 3074 ------ Apr 18, 1991 Ratified R 70 3074 Senate Apr 04, 1991 Read third time, enrolled for ratification 3074 Senate Apr 03, 1991 Read second time 3074 Senate Apr 02, 1991 Committee Report: Favorable 13 3074 Senate Feb 12, 1991 Introduced, read first time, 13 referred to Committee 3074 House Feb 07, 1991 Read third time, sent to Senate 3074 House Feb 05, 1991 Read second time 3074 House Jan 30, 1991 Committee Report: Favorable 27 3074 House Jan 08, 1991 Introduced and read first 27 time, referred to Committee 3074 House Dec 12, 1990 Prefiled, referred to 27 CommitteeView additional legislative information at the LPITS web site.
(A34, R70, H3074)
AN ACT TO AMEND SECTION 44-17-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT BY DESIGNATED EXAMINERS CONCERNING WHETHER A PERSON IS MENTALLY ILL AND RELATED HEARINGS, SO AS TO DECREASE THE TIME ALLOWED FOR THE EXAMINERS TO RENDER A MAJORITY OPINION.
Be it enacted by the General Assembly of the State of South Carolina:
Required time decreased for report of examiners on whether a person is mentally ill
SECTION 1. Section 44-17-540 of the 1976 Code is amended to read:
"Section 44-17-540. If the report of the two designated examiners, other than the independent designated examiner, is to the effect that they are of the opinion that the person is not mentally ill, the court shall terminate the proceedings and dismiss the petition immediately upon receipt of the report. If the report of the two designated examiners, other than the independent designated examiner, is divided, the court may terminate the proceedings or may designate a third examiner, who must be a psychiatrist, and charge the three examiners to render a majority opinion within five days. If the report of the designated examiners is to the effect that they are of the opinion that the person is mentally ill, the court shall conduct a hearing. For persons admitted pursuant to Section 44-17-410, the hearing may be held on the same day as the designated examinations unless the person or his counsel objects. Upon objection by the person or his counsel, the court shall delay the hearing. For persons whose admission is sought under Section 44-17-510, the court immediately shall fix a date for and give notice of a hearing, to be held not less than five nor more than seven days, excluding Saturdays, Sundays, and legal holidays, from receipt of the report."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 24th day of April, 1991.