Current Status Introducing Body:House Bill Number:3348 Primary Sponsor:Fair Committee Number:25 Type of Legislation:GB Subject:Mentally ill person Residing Body:House Current Committee:Judiciary Computer Document Number:BR1/1159.AC Introduced Date:Jan 29, 1991 Last History Body:House Last History Date:Jan 29, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Fair Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3348 House Jan 29, 1991 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-17-435 SO AS TO PROVIDE THAT AN OFFICER OF THE PEACE, HAVING REASON TO BELIEVE A PERSON IS MENTALLY ILL AND LIKELY TO CAUSE SERIOUS HARM, MAY TAKE THE PERSON INTO PROTECTIVE CUSTODY FOR THE PURPOSE OF BEING EXAMINED BY A PHYSICIAN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-17-435. If the immediacy of the situation does not allow obtaining a probate court detention order pursuant to Section 44-17-430, an officer of the peace, having reason to believe a person is mentally ill and because of that condition likely to cause serious harm if not immediately hospitalized, may take the person under protective custody for the sole purpose of examination by a licensed physician pursuant to Section 44-17-410. Once placed under protective custody, the person must be transported directly to the place of examination. The officer of the peace taking a person under protective custody shall serve as the applicant pursuant to Section 44-17-410 if no other person having observed the behavior of the person in custody is available. The person in custody has the right to representation by an attorney. If within six hours the person in custody is not examined by a licensed physician or if upon examination the physician does not execute the certification provided for in Section 44-17-410(2), the person in custody must be released immediately."
SECTION 2. This act takes effect upon approval by the Governor.