Bill 3366

                    Current Status

Bill Number:                    3366
Ratification Number:            220
Act Number:                     101
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19970205
Primary Sponsor:                Hodges 
All Sponsors:                   Hodges 
Drafted Document Number:        psd\7029ac.97
Date Bill Passed both Bodies:   19970604
Date of Last Amendment:         19970604
Governor's Action:              S
Date of Governor's Action:      19970613
Subject:                        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 Committee

(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.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 13th day of June, 1997.