Current Status Introducing Body:House Bill Number:3810 Primary Sponsor:Rudnick Committee Number:25 Type of Legislation:GB Subject:Defendant, not guilty by insanity Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/4489AL.93 Introduced Date:19930331 Last History Body:House Last History Date:19930331 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rudnick Sharpe Fair Clyborne Hutson Robinson Jaskwhich Allison Stuart Huff Wells R. Smith D. Wilder Graham Lanford Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3810 House 19930331 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE NOTICE TO THE VICTIM OR FAMILY OF THE VICTIM BEFORE RELEASE OF THE DEFENDANT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-24-40(C)(2)(c) of the 1976 Code is amended to read:
"(c) If at a later date it is determined by officials of the State Hospital that the defendant is no longer in need of hospitalization, they shall notify the chief administrative judge, the solicitor, the defendant, and the defendant's attorney, and the victim or the victim's family. Within twenty-one days after the receipt of this notice the chief administrative judge, upon notice to all parties, shall hold a hearing to determine whether the defendant is in need of continued hospitalization pursuant to the standard of Section 44-17-580 of the 1976 Code. If the finding of the court is that the defendant is in need of continued hospitalization, it shall order his continued confinement. If its finding is that the defendant is not in need of continued hospitalization, it may order the defendant released upon such the terms and conditions, if any, as the chief administrative judge shall deem considers appropriate for the safety of the community and the well-being of the defendant."
SECTION 2. This act takes effect upon approval by the Governor.