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COMMITTEE AMENDMENT ADOPTED
May 16, 2002
H. 3668
S. Printed 5/16/02--S.
Read the first time May 14, 2001.
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 ALL DOCUMENTS AND RECORDS OF AND INCIDENTAL TO AN AUTOPSY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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; or
(iii) an individual entitled to bring a wrongful death action on behalf of the deceased."
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 and/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; and
(4) an individual entitled to bring a wrongful death action on behalf of the deceased.
These photographs and videos must not be released or disseminated except 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 one thousand dollars nor more than five thousand dollars. Each violation under this section must be considered a separate offense."
SECTION 3. This act takes effect upon approval by the Governor.
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