Current Status Bill Number:
3366Ratification Number: 220Act Number: 101Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19970205Primary Sponsor: HodgesAll Sponsors: HodgesDrafted Document Number: psd\7029ac.97Date Bill Passed both Bodies: 19970604Date of Last Amendment: 19970604Governor's Action: SDate of Governor's Action: 19970613Subject: Minors, law enforcement officer takes child into emergency physical or protective custody, liability; Torts
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19970630 Act No. A101 ------ 19970613 Signed by Governor ------ 19970609 Ratified R220 House 19970604 Concurred in Senate amendment, enrolled for ratification Senate 19970604 Amended, read third time, returned to House with amendment Senate 19970515 Read second time Senate 19970514 Committee report: Favorable 11 SJ Senate 19970325 Introduced, read first time, 11 SJ referred to Committee House 19970321 Read third time, sent to Senate House 19970320 Read second time, unanimous consent for third reading on the next Legislative day House 19970320 Amended House 19970319 Committee report: Favorable with 25 HJ amendment House 19970205 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
(A101, R220, H3366)
AN ACT TO AMEND SECTION 20-7-545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY, SO AS TO INCLUDE IN THE IMMUNITY A LAW ENFORCEMENT OFFICER WHO TAKES A CHILD INTO EMERGENCY PHYSICAL CUSTODY OR EMERGENCY PROTECTIVE CUSTODY, AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH STATEWIDE GUIDELINES FOR INTERVENTION IN CASES OF EXCESSIVE CORPORAL PUNISHMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Immunity from liability
SECTION 1. Section 20-7-545 of the 1976 Code, as added by Act 450 of 1996, is amended to read:
"Section 20-7-545. An employee, volunteer, or official of the Department of Social Services required or authorized to perform child protective or child welfare-related functions or a law enforcement officer required or authorized to perform child protective or child welfare related functions is immune from civil or criminal liability which might otherwise result by reason of acts or omissions within the scope of the official duties of the employee, volunteer, officer, or official, so long as the employee, volunteer, officer, or official acted in good faith and was not reckless, wilful, wanton, or grossly negligent. In all such civil or criminal proceedings good faith is rebuttably presumed. This grant of immunity is cumulative to and does not replace any other immunity provided under the South Carolina Tort Claims Act."
Statewide guidelines for intervention in cases of corporal punishment
SECTION 2. Within twelve months after the effective date of this act, the department shall establish statewide guidelines for intervention in cases of excessive corporal punishment, including the circumstances in which removal of the child from the home is appropriate, and a plan for training appropriate personnel concerning these guidelines.
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 13th day of June, 1997.