South Carolina General Assembly
112th Session, 1997-1998

Bill 979


Indicates Matter Stricken
Indicates New Matter


                    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



History


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 Committee


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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE AMENDMENT ADOPTED

March 3, 1998

S. 979

Introduced by Senators Martin and Giese

S. Printed 3/3/98--S.

Read the first time February 3, 1998.

A BILL

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.

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