Current Status Introducing Body:
SenateBill Number: 1287Ratification Number: 448Act Number: 393Primary Sponsor: RichterType of Legislation: GBSubject: Adult taken into custody when life threateningDate Bill Passed both Bodies: 19940510Computer Document Number: GJK/20653SD.94Governor's Action: SDate of Governor's Action: 19940517Introduced Date: 19940322Last History Body: ------Last History Date: 19940517Last History Type: Act No. 393Scope of Legislation: StatewideAll Sponsors: Richter StilwellType of Legislation: General Bill
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 CommitteeView additional legislative information at the LPITS web site.
(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:
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."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 17th day of May, 1994.