Current Status Introducing Body:House Bill Number:4914 Primary Sponsor:Govan Committee Number:25 Type of Legislation:GB Subject:Accident where body fluid disposed, maintenance of Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/15765AC.94 Introduced Date:19940315 Last History Body:House Last History Date:19940315 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Govan Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4914 House 19940315 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-230 SO AS TO REQUIRE A LAW ENFORCEMENT AGENCY INVESTIGATING THE SCENE OF AN ACCIDENT OR CRIME TO NOTIFY OWNERS OR OCCUPANTS OF PROPERTY WHEN BLOOD, BODY FLUIDS, OR BODY TISSUE ARE LEFT ON THE PROPERTY AND THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE CONTACTED FOR INFORMATION ON PROPER DISINFECTING AND DISPOSAL; AND TO PROVIDE IMMUNITY FROM LIABILITY UNDER CERTAIN CONDITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 23-1-230. (A) The law enforcement agency having original jurisdiction for investigating the scene of an accident or crime where blood, body fluids, or body tissue from the accident or crime remain on private property shall notify the owners or occupants of the property in writing, which may be affected by posting, that blood, body fluids, or body tissue are present on the property and that the Department of Health and Environmental Control may be contacted for information on the proper treatment and disposal of the blood, body fluids, or body tissue. The form and content of the notice must be as prescribed by the Department of Health and Environmental Control.
(B) No law enforcement agency or officer or state or local governmental officer, employee, agency, or entity is liable for acts or omissions committed in connection with subsection (A) if the acts or omissions were committed in good faith and do not constitute gross negligence, recklessness, wilfulness, or wantonness."
SECTION 2. This act takes effect January 1, 1994.