Current Status Introducing Body:House Bill Number:5028 Primary Sponsor:Cobb-Hunter Committee Number:08 Type of Legislation:GB Subject:Child fatality, autopsy Residing Body:Senate Current Committee:General Committee Companion Bill Number:1325 Computer Document Number:CYY/15976AC.94 Introduced Date:19940406 Last History Body:Senate Last History Date:19940525 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Cobb-Hunter Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
5028 Senate 19940525 Introduced, read first time, 08
referred to Committee
5028 House 19940524 Read third time, sent to
Senate
5028 House 19940518 Debate adjourned until
Thursday, 19940519
5028 House 19940517 Read second time
5028 House 19940421 Recalled from Committee 27
5028 House 19940406 Introduced, read first time, 27
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
RECALLED
April 21, 1994
H. 5028
S. Printed 4/21/94--H.
Read the first time April 6, 1994.
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:
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."
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 forensic 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;"
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 circuit court of the appropriate judicial circuit magistrate for a warrant to inspect the home or premises inhabited by the deceased before death. The circuit court 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."
SECTION 4. This act takes effect upon approval by the Governor.