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Current Status Bill Number:View additional legislative information at the LPITS web site.3668 Ratification Number:458 Act Number:350 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010306 Primary Sponsor:Jennings All Sponsors:Jennings and Cato Drafted Document Number:l:\council\bills\pt\1263dw01.doc Companion Bill Number:461 Date Bill Passed both Bodies:20020606 Date of Last Amendment:20020605 Governor's Action:S Date of Governor's Action:20020719 Subject:Freedom of Information Act, autopsy photographs or videos exempt from disclosure requirements History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020731 Act No. A350 ------ 20020719 Signed by Governor ------ 20020606 Ratified R458 House 20020606 Concurred in Senate amendment, enrolled for ratification Senate 20020605 Amended, read third time, returned to House with amendment Senate 20020529 Amended Senate 20020516 Amended, read second time, notice of general amendments Senate 20020424 Committee report: Favorable with 11 SJ amendment Senate 20010514 Introduced, read first time, 11 SJ referred to Committee House 20010511 Read third time, sent to Senate House 20010510 Amended, read second time, unanimous consent for third reading on Friday, 20010511 House 20010509 Committee report: Favorable with 25 HJ amendment ------ 20010315 Companion Bill No. 461 House 20010306 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on May 9, 2001 - Word format Revised on May 10, 2001 - Word format Revised on April 24, 2002 - Word format Revised on May 16, 2002 - Word format Revised on May 29, 2002 - Word format Revised on June 5, 2002 - Word format
(A350, R458, H3668)
AN ACT TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY, AND BY ADDING SECTION 17-5-535 SO AS TO PROVIDE THAT PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY MAY ONLY BE VIEWED BY CERTAIN PERSONS AND PROVIDE A PENALTY FOR VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
Photographs or videos of autopsy exempt from FOI
SECTION 1. Section 30-4-40(a) of the 1976 Code, as last amended by Act 122 of 1999, is further amended by adding an appropriately numbered item at the end to read:
"( ) Photographs or videos of and incidental to the performance of an autopsy, except that the photographs or videos may be viewed by:
( i) a law enforcement agency, for official use only;
(ii) parents of the deceased, surviving spouse, guardian, personal representative, or next of kin;
(iii) a prosecutor or a defendant when the defendant in the case is accused of the murder or homicide of the subject of the photograph or video;
(iv) a person bringing or defending a civil action or administrative matter where the photo or video is considered by the judge or hearing officer, by written order, to be relevant to the action or matter; or
(v) a person who receives such photograph or video pursuant to a validly issued subpoena, after notice and opportunity to object are provided to the personal representative of the decedent's estate."
Photographs or videos only viewed by certain persons
SECTION 2. The 1976 Code is amended by adding:
"Section 17-5-535. (A) Photographs or videos of and incidental to the performance of an autopsy shall only be viewed by:
(1) the coroner or the medical examiner, and their deputies;
(2) a law enforcement agency, for official use only;
(3) parents of the deceased, surviving spouse, guardian, personal representative, or next of kin;
(4) a prosecutor or a defendant when the defendant in the case is accused of the murder or homicide of the subject of the photograph or video;
(5) a person bringing or defending a civil action or administrative matter where the photo or video is considered by the judge or hearing officer, by written order, to be relevant to the action or matter; and
(6) a person who receives such photograph or video pursuant to a validly issued subpoena, after notice and opportunity to object are provided to the personal representative of the decedent's estate.
These photographs and videos must be released and disseminated only as authorized by this section.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five thousand dollars nor more than fifty thousand dollars. Each violation under this section must be considered a separate offense."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 6th day of June, 2002.
Approved the 19th day of July, 2002.
This web page was last updated on Tuesday, December 8, 2009 at 11:29 A.M.