Current Status Introducing Body:Senate Bill Number:382 Primary Sponsor:Bryan Committee Number:13 Type of Legislation:GB Subject:Mentally ill, report by examiners Residing Body:Senate Current Committee:Medical Affairs Companion Bill Number:3074 Computer Document Number:382 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Bryan Peeler Hayes Fielding Giese Type of Legislation:General Bill
Bill Body Date Action Description CMN
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382 Senate Jan 08, 1991 Introduced and read first 13
time, referred to Committee
382 Senate Dec 10, 1990 Prefiled, referred to 13
Committee
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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:
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 seven 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 designated thereby 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 forthwith 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.