Current Status Introducing Body:House Bill Number:3620 Ratification Number:256 Act Number:116 Primary Sponsor:Waldrop Type of Legislation:GB Subject:Autopsies, incarcerated persons Date Bill Passed both Bodies:19930603 Computer Document Number:DKA/4327SD.93 Governor's Action:S Date of Governor's Action:19930611 Introduced Date:19930303 Date of Last Amendment:19930602 Last History Body:------ Last History Date:19930611 Last History Type:Act No. 116 Scope of Legislation:Statewide All Sponsors:Waldrop Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
3620 ------ 19930611 Act No. 116
3620 ------ 19930611 Signed by Governor
3620 ------ 19930610 Ratified R 256
3620 House 19930603 Concurred in Senate
amendment, enrolled for
ratification
3620 Senate 19930602 Amended, read third time,
returned to House with
amendments
3620 Senate 19930601 Read second time, ordered to
third reading with notice of
general amendments
3620 Senate 19930601 Recalled from Committee 11
3620 Senate 19930517 Introduced, read first time, 11
referred to Committee
3620 House 19930513 Read third time, sent to
Senate
3620 House 19930512 Amended, read second time
3620 House 19930506 Debate adjourned until
Tuesday, 19930511
3620 House 19930428 Committee Report: Favorable 27
with amendment
3620 House 19930303 Introduced, read first time, 27
referred to Committee
View additional legislative information at the LPITS web site.
(A116, R256, H3620)
AN ACT TO AMEND SECTION 17-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF CORONERS OR SOLICITORS TO ORDER AUTOPSIES UPON DEATH OF INCARCERATED PERSONS, SO AS TO REVISE THE CONDITIONS AND PROCEDURES UNDER WHICH THESE AUTOPSIES MUST BE ORDERED.
Be it enacted by the General Assembly of the State of South Carolina:
Autopsies; conditions and procedures for ordering
SECTION 1. Section 17-7-10 of the 1976 Code is amended to read:
"Section 17-7-10. The coroner of the county in which a body is found dead or the solicitor of the judicial circuit in which the county lies shall order an autopsy or post mortem examination to be conducted to ascertain the cause of death. If any person dies while detained, incarcerated, or under the jurisdiction of a municipal, county, or regional holdover facility, holding cell, overnight lockup or jail, a county or regional prison camp, or a state correctional facility, the coroner of the county in which the death occurs or, should that be unknown, the county in which the institution is located shall order an autopsy immediately upon notification of the death. However, if the official in charge of the institution is unable to arrange an autopsy within the State of South Carolina, he shall provide the coroner with an affidavit attesting to this inability.
In this event, the coroner shall consult with the physician who pronounced death, and, if not the same, with any other physician who is known to have treated the person within twelve months prior to his death. If the deceased person had a previously diagnosed contagious, terminal illness or condition which is considered to be the reason for death, written confirmation must be obtained from at least two physicians who attended him prior to his death, and at least one of these physicians may not have been employed by or under contract with the institution or agency which was responsible for custody of the deceased person.
The coroner may then determine that an autopsy is not required, and shall so certify in writing. Nevertheless, if the coroner decides that an autopsy is appropriate, he may order that one be arranged outside the State of South Carolina. Documentation of the death, the circumstances surrounding it, and all subsequent actions and decisions regarding the autopsy must be filed with the Jail and Prison Inspection Division of the Department of Corrections according to Section 24-9-35."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 11th day of June, 1993.