Bill 4207

                    Current Status

Bill Number:                       4207
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970522
Primary Sponsor:                   Campsen
All Sponsors:                      Campsen, Altman, Robinson,
                                   Delleney, Chellis, Hinson, Barrett,
                                   Inabinett, Whipper, Haskins,
                                   Hawkins, Whatley, Young-Brickell,
                                   Bailey, H. Brown, Mack, Law, Young,
                                   Limbaugh, Easterday, Seithel,
                                   Breeland, Harrell, Limehouse and
                                   Dantzler 
Drafted Document Number:           KGH\15264HTC.97
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Defendant hospitalized on
                                   grounds of not guilty by reason of
                                   insanity, provisions for; Courts,
                                   Mental Health, patients

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970522  Introduced, read first time,             25 HJ
                  referred to Committee

TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS FOUND NOT GUILTY BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE HOSPITAL PREMISES UNLESS AN EMPLOYEE OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE DEFENDANT AT ALL TIMES AND TO DEFINE "VIOLENT CRIME".

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 17-24-40 of the 1976 Code is amended by adding at the end:

"(F) If a defendant is committed to the South Carolina State Hospital pursuant to this section after having been found not guilty by reason of insanity of a violent crime, the defendant may not leave the hospital premises at any time unless accompanied by an employee of the hospital who must be responsible for and in the physical presence of the defendant at all times. For purposes of this section, a violent crime includes those offenses so described in Section 16-1-60 and the common law offense of assault and battery of a high and aggravated nature."

SECTION 2. This act takes effect upon approval by the Governor.