South Carolina General Assembly
113th Session, 1999-2000

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Bill 3892


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3892
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990408
Primary Sponsor:                  D. Smith
All Sponsors:                     D. Smith
Drafted Document Number:          l:\council\bills\dka\3392mm99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Mental evaluation of person's capacity to 
                                  stand trial for crimes, examiners; Courts, 
                                  Mental Health, Medical


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990408  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND SECTION 44-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF A PERSON'S CAPACITY TO STAND TRIAL, SO AS TO PROVIDE THAT THE PROSECUTING OFFICER MAY DESIGNATE A THIRD EXAMINER FOR CERTAIN EXAMINATIONS; AND TO AMEND SECTION 44-23-420, RELATING TO A REPORT OF EXAMINERS OF CAPACITY TO STAND TRIAL, SO AS TO ALLOW AN EXAMINATION ON THE ISSUES OF INSANITY OR CRIMINAL RESPONSIBILITY BY AN EXAMINER DESIGNATED BY THE PROSECUTION.

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

SECTION 1. Section 44-23-410(2) of the 1976 Code, as last amended by Section 1086, Act 181 of 1993, is further amended to read:

"(2) order the person committed for examination and observation to an appropriate facility of the Department of Mental Health or the Department of Disabilities and Special Needs for a period not to exceed fifteen days. If at the end of fifteen days the examiners have been unable to determine whether the person is fit to stand trial, the director of the facility shall request in writing an additional period for observation not to exceed fifteen days. The prosecuting officer also may designate a third examiner to participate in this examination. If the person or his counsel requests, the person may be examined additionally by a designated examiner of his choice. The report of the examination is admissible as evidence in subsequent hearings pursuant to Section 44-23-430. However, the court may prescribe the time and conditions under which the independent examination is conducted. If the examiners designated by the Department of Mental Health find indications of mental retardation or a related disability but not mental illness, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is 'not mentally ill' and recommend that the person should be evaluated for competency to stand trial by the Department of Disabilities and Special Needs. If the examiners designated by the Department of Disabilities and Special Needs find indications of mental illness but not mental retardation or a related disability, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person does 'not have mental retardation or a related disability' and recommend that the person should be evaluated for competency to stand trial by the Department of Mental Health. If either the Department of Mental Health or the Department of Disabilities and Special Needs finds a preliminary indication of a dual diagnosis of mental illness and mental retardation or a related disability, this preliminary finding must be reported to the court with the recommendation that one examiner from the Department of Mental Health and one examiner from the Department of Disabilities and Special Needs be designated to further evaluate the person and render a final report on his mental capacity."

SECTION 2. Section 44-23-420 of the 1976 Code is amended to read:

"Section 44-23-420. (A) Within five days of examination under Section 44-23-410(1) or at the conclusion of the observation period under Section 44-23-410(2), the designated examiners shall make a written report to the court which shall include includes:

(1) a diagnosis of the person's mental condition,; and

(2) clinical findings bearing on the issues of whether or not the person is capable of understanding the proceedings against him and assisting in his own defense, and if there is a substantial probability that he will attain that capacity in the foreseeable future.

(B) The report of the designated examiners shall may not contain any findings, nor shall the examiners testify on the question, of insanity should it be raised as a defense unless further examination on the question of insanity is ordered by the court.

(C) This section does not preclude the court from ordering an examination concerning the question of insanity or criminal responsibility by an examiner designated by the prosecution in addition to or instead of the examination contained in Section 44-23-410."

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

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