Current Status Bill Number:View additional legislative information at the LPITS web site.
655Ratification Number: 513Act Number: 438Introducing Body: SenateSubject: Provide a definition for the term "adult in a life-threatening situation"
(A438, R513, S655)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-220, SO AS TO PROVIDE A DEFINITION FOR THE TERM "ADULT IN A LIFE-THREATENING SITUATION", PROVIDE A PROCEDURE FOR TAKING AN ADULT IN A LIFE-THREATENING SITUATION INTO PROTECTIVE CUSTODY BY ANY STATE, COUNTY, OR MUNICIPAL LAW ENFORCEMENT OFFICER UNDER CERTAIN CONDITIONS, AND PROVIDE FOR OTHER MATTERS RELATED TO THE TAKING OF THE ADULT INTO PROTECTIVE CUSTODY.
Be it enacted by the General Assembly of the State of South Carolina:
Adult in a life-threatening situation
SECTION 1. The 1976 Code is amended by adding:
"Section 23-1-220. A. For the purposes of this section an 'adult in a life-threatening situation' is a person eighteen years of age or older accorded protection by the provisions of Chapter 29 of Title 43 of the 1976 Code ('Protective Services for Developmentally Disabled and Senile Persons') or Act 70 of 1979 (the 'Client-Patient Protection Act') who is not capable of rendering to himself necessary food, clothing, lodging, or medical or other treatment or care and who is not being provided necessary food, clothing, lodging, or medical or other treatment or care by anyone else.
B. Any state, county, or municipal law enforcement officer may take an adult in a life-threatening situation into protective custody if:
(1) there is probable cause to believe that by reason of abuse or neglect there exists an imminent danger to the adult's life or physical safety;
(2) anyone else exercising temporary or permanent custody or control over the adult is unavailable or does not consent to the removal of the adult from his custody or control; and
(3) there is not time to apply for a court order.
C. Whenever the law enforcement officer takes protective custody of the adult under this section, the officer must transport the adult to a place of safety which must not be a facility for the detention of criminal offenders or of persons accused of crimes.
D. In no case may the adult, when taken into protective custody under the provisions of this section, be considered to have been arrested by the law enforcement officer.
E. Notwithstanding any other provision of law: (1) whenever any state, county, or municipal law enforcement officer takes protective custody of an adult in a life-threatening situation under the provisions of this section, the law enforcement officer must immediately notify the county department of social services of the county where the adult was transported to a place of safety by the officer pursuant to subsection C and the circuit solicitor of the circuit where the adult was situated at the time of being taken into protective custody by the officer; and
(2) the notification required by item (1) of this subsection E may be made orally, in writing, by telephone, or otherwise and must include the following information:
a. the name of the adult, if known, or a physical description of the adult, if the name is unknown;
b. the address of the place from which the adult was removed by the officer;
c. the name and the address, if known, of any person who was exercising temporary or permanent custody or control over the adult at the time the adult was taken into protective custody under this section;
d. the address of the place to which the adult was transported as a place of safety by the officer pursuant to subsection C; and
e. a description of the facts and circumstances giving rise to the officer's taking the adult into protective custody under this section.
F. After the circuit solicitor has been notified pursuant to subsection E of this section, a hearing must be held by a court of competent jurisdiction within seventy-two hours of the notification of the circuit solicitor, excluding Sundays and legal holidays, to determine whether the adult taken into protective custody under the provisions of this section is an 'adult in a life-threatening situation' as defined in subsection A of this section."
SECTION 2. This act shall take effect upon approval by the Governor.