Current Status Bill Number:979 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980203 Primary Sponsor:Martin All Sponsors:Martin and Giese Drafted Document Number:martin\jud9009.lam Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19980303 Subject:Gunshot wound victim, medical personnel of hospital, clinic, etc. who treats to report to sheriff; Weapons, Crimes
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19980305 Introduced, read first time, 25 HJ referred to Committee Senate 19980304 Read third time, sent to House Senate 19980303 Read second time Senate 19980303 Committee amendment adopted Senate 19980226 Committee report: Favorable with 11 SJ amendment Senate 19980203 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
COMMITTEE AMENDMENT ADOPTED
March 3, 1998
S. 979
S. Printed 3/3/98--S.
Read the first time February 3, 1998.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1072, SO AS TO PROVIDE THAT ANY PHYSICIAN, NURSE, OR ANY OTHER MEDICAL OR EMERGENCY MEDICAL SERVICES PERSONNEL AND ANY EMPLOYEE OF A HOSPITAL, CLINIC, OR NURSING HOME WHO KNOWINGLY TREATS ANY PERSON SUFFERING FROM A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE OR RECEIVES A REQUEST FOR SUCH TREATMENT SHALL REPORT WITHIN A REASONABLE TIME THE EXISTENCE OF A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE TO THE SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE TREATMENT IS ADMINISTERED OR A REQUEST IS RECEIVED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-1072. (A) Any physician, nurse, or any other medical or emergency medical services personnel and any employee of a hospital, clinic, or other health care facility or provider who knowingly treats any person suffering from a gunshot wound or who receives a request for such treatment shall report within a reasonable time the existence of the gunshot wound to the sheriff's department of the county in which the treatment is administered or a request is received. However, no report is necessary if a law enforcement officer is present with the victim while treatment is being administered.
(B) The reports provided for in subsection (A) may be made orally or otherwise. A hospital, clinic, or other health care facility or provider may designate an individual to make the reports provided for in this section. However, a report must be made as soon as possible, but no later than the time of the victim's release from that facility.
(C) A person required to make a report pursuant to this section or who participates in judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil and criminal proceedings good faith is rebuttably presumed.
(D) The privileged quality of communication between physician and patient and any other professional person and his patient or client is abrogated and does not constitute grounds for failure to report or the exclusion of evidence resulting from a report made pursuant to this section.
(E) A person required to report the existence of a gunshot wound who knowingly fails to do so is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both."
SECTION 2. This act takes effect upon approval by the Governor.