South Carolina General Assembly
104th Session, 1981-1982

Bill 897

                    Current Status

Bill Number:               897
Ratification Number:       513
Act Number                 412
Introducing Body:          Senate
Subject:                   Relating to setting hearings for mental
                           health judicial commitment proceedings
View additional legislative information at the LPITS web site.

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

(A412, R513, S897)

AN ACT TO AMEND SECTION 44-17-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SETTING HEARINGS FOR MENTAL HEALTH JUDICIAL COMMITMENT PROCEEDINGS, SO AS TO PERMIT THE HEARING TO BE HELD ON THE SAME DAY AS THE DESIGNATED EXAMINATIONS FOR PERSONS ADMITTED PURSUANT TO SECTION 44-17-410.

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

Report of examinations

Section 1. Section 44-17-540 of the 1976 Code, as last amended by Act 99 of 1977, is further amended to read:

"Section 44-17-540. If the report of the two designated examiners, other than the independent designated examiner, is to the effect that they are of the opinion that the person is not mentally ill, the court shall terminate the proceedings and dismiss the petition immediately upon receipt of the report. If the report of the two designated examiners, other than the independent designated examiner, is divided, the court may terminate the proceedings or may designate a third examiner, who must be a psychiatrist, and charge the three examiners to render a majority opinion within seven days. If the report of the designated examiners is to the effect that they are of the opinion that the person is mentally ill, the court shall conduct a hearing. For persons admitted pursuant to Section 44-17-410, the hearing may be held on the same day as the examinations designated thereby unless the person or his counsel objects. Upon objection by the person or his counsel, the court shall delay the hearing. For persons whose admission is sought under Section 44-17-510, the court shall forthwith fix a date for and give notice of a hearing, to be held not less than five nor more than seven days, excluding Saturdays, Sundays and legal holidays, from receipt of the report."

Time effective

Section 2. This act shall take effect upon the approval by the Governor.