South Carolina General Assembly
110th Session, 1993-1994

Bill 1287


                    Current Status
Introducing Body:               Senate
Bill Number:                    1287
Ratification Number:            448
Act Number:                     393
Primary Sponsor:                Richter
Type of Legislation:            GB
Subject:                        Adult taken into custody when
                                life threatening
Date Bill Passed both Bodies:   19940510
Computer Document Number:       GJK/20653SD.94
Governor's Action:              S
Date of Governor's Action:      19940517
Introduced Date:                19940322
Last History Body:              ------
Last History Date:              19940517
Last History Type:              Act No. 393
Scope of Legislation:           Statewide
All Sponsors:                   Richter
                                Stilwell
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
1287   ------  19940517      Act No. 393
1287   ------  19940517      Signed by Governor
1287   ------  19940512      Ratified R 448
1287   House   19940510      Read third time, enrolled for
                             ratification
1287   House   19940505      Read second time
1287   House   19940420      Introduced, read first time,
                             placed on Calendar without
                             reference
1287   Senate  19940419      Read third time, sent to House
1287   Senate  19940414      Read second time
1287   Senate  19940413      Committee Report: Favorable     11
1287   Senate  19940322      Introduced, read first time,    11
                             referred to Committee
View additional legislative information at the LPITS web site.


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

(A393, R448, S1287)

AN ACT TO AMEND SECTION 43-35-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT OFFICERS TAKING VULNERABLE ADULTS IN A LIFE-THREATENING SITUATION INTO PROTECTIVE CUSTODY, SO AS TO TRANSFER THE DUTIES IMPOSED BY THIS SECTION UPON THE CIRCUIT SOLICITOR TO THE DEPARTMENT OF SOCIAL SERVICES.

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

Duties transferred

SECTION 1. Section 43-35-55 of the 1976 Code, added by Act 110 of 1993, is amended to read:

"Section 43-35-55. (A) A law enforcement officer may take a vulnerable adult in a life-threatening situation into protective custody if:

(1) there is probable cause to believe that by reason of abuse, neglect, or exploitation there exists an imminent danger to the vulnerable adult's life or physical safety;

(2) the vulnerable adult or caregiver does not consent to protective custody; and

(3) there is not time to apply for a court order.

(B) When a law enforcement officer takes protective custody of a vulnerable adult, the officer must transport the vulnerable adult to a place of safety which must not be a facility for the detention of criminal offenders or of persons accused of crimes. The Adult Protective Services Program has custody of the vulnerable adult pending the family court hearing to determine if there is probable cause for protective custody.

(C) A vulnerable adult who is taken into protective custody by a law enforcement officer, may not be considered to have been arrested.

(D) When a law enforcement officer takes protective custody of a vulnerable adult under this section, the law enforcement officer must immediately notify the Adult Protective Services Program and the Department of Social Services in the county where the vulnerable adult was situated at the time of being taken into protective custody. This notification must be made in writing or orally by telephone or otherwise and must include the following information:

(1) the name of the vulnerable adult, if known, or a physical description of the adult, if the name is unknown;

(2) the address of the place from which the vulnerable adult was removed by the officer;

(3) the name and the address, if known, of any person who was exercising temporary or permanent custody of or control over or who was the caregiver of the vulnerable adult at the time the adult was taken into protective custody;

(4) the address of the place to which the vulnerable adult was transported by the officer;

(5) a description of the facts and circumstances resulting in the officer taking the vulnerable adult into protective custody.

(E) The Department of Social Services is responsible for filing a petition for protective custody within one business day of receiving the notification required by subsection (D).

(F) The family court shall hold a hearing to determine whether there is probable cause for the protective custody within seventy-two hours of the Department of Social Services filing the petition, excluding Saturdays, Sundays, and legal holidays.

(G) Upon receiving notification that a vulnerable adult has been taken into protective custody the Adult Protective Services Program shall commence an investigation. After the hearing required by subsection (F), the Adult Protective Services Program may initiate or cause to be initiated a petition for services pursuant to Section 43-35-45."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 17th day of May, 1994.