Current Status Introducing Body:Senate Bill Number:1325 Ratification Number:552 Act Number:502 Primary Sponsor:Moore Type of Legislation:GB Subject:Child fatality, autopsy, pathologist Companion Bill Number:5028 Date Bill Passed both Bodies:19940531 Computer Document Number:CYY/15961AC.94 Governor's Action:S Date of Governor's Action:19940825 Introduced Date:19940406 Last History Body:------ Last History Date:19940825 Last History Type:Act No. 502 Scope of Legislation:Statewide All Sponsors:Moore Short Jackson Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
1325 ------ 19940825 Act No. 502
1325 ------ 19940825 Signed by Governor
1325 ------ 19940602 Ratified R 552
1325 House 19940531 Read third time, enrolled for
ratification
1325 House 19940526 Read second time
1325 House 19940518 Introduced, read first time,
placed on Calendar without
reference
1325 Senate 19940517 Read third time, sent to House
1325 Senate 19940512 Read second time
1325 Senate 19940505 Committee Report: Favorable 08
1325 Senate 19940406 Introduced, read first time, 08
referred to Committee
View additional legislative information at the LPITS web site.
(A502, R552, S1325)
AN ACT TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.
Be it enacted by the General Assembly of the State of South Carolina:
Committee members added
SECTION 1. Section 20-7-5910(A) of the 1976 Code, as added by Part II, Section 88C, Act 164 of 1993, is amended by adding at the end:
"(14) a forensic pathologist; and
(15) two members of the public at large, one of which must represent a private nonprofit organization that advocates children services."
Pathologist with forensic training to perform autopsy
SECTION 2. Section 20-7-5915(B)(1) of the 1976 Code, as added by Part II, Section 88C, Act 164 of 1993, is amended to read:
"(1) upon receipt of a report of a child death from the county coroner or medical examiner, as required by Sections 17-5-140 and 17-5-265, investigate and gather all information on the child fatality. The coroner or medical examiner immediately shall request an autopsy if SLED determines that an autopsy is necessary. The autopsy must be performed by a pathologist with forensic training as soon as possible. The forensic pathologist shall inform the department of the findings within forty-eight hours of completion of the autopsy. If the autopsy reveals the cause of death to be pathological or an unavoidable accident, the case must be closed by the department. If the autopsy reveals physical or sexual trauma, suspicious markings, or other findings that are questionable or yields no conclusion to the cause of death, the department immediately shall begin an investigation;"
Magistrate to issue inspection warrant
SECTION 3. Section 17-5-275 of the 1976 Code, as added by Part II, Section 88G, Act 164 of 1993, is amended to read:
"Section 17-5-275. If the home or premises last inhabited by a child is not the scene of the death of a child, the medical examiner, while conducting an investigation of the death, may petition the appropriate magistrate for a warrant to inspect the home or premises inhabited by the deceased before death. The magistrate shall issue the inspection warrant upon probable cause to believe that events in the home or premises may have contributed to the death of the child."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 25th day of August, 1994.