South Carolina General Assembly
108th Session, 1989-1990

Bill 518


                    Current Status

Bill Number:               518
Ratification Number:       502
Act Number                 431
Introducing Body:          Senate
Subject:                   Civil contempt included in charges used
                           in a determination as to a person's fitness to
                           stand
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A431, R502, S518)

AN ACT TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION AS TO A PERSON'S FITNESS TO STAND TRIAL, SO AS TO INCLUDE CIVIL CONTEMPT IN THE CHARGES AGAINST HIM AND DELETE THE REFERENCE TO THE COUNTY COURT.

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

Civil contempt included in charges used in a determination as to a person's fitness to stand trial

SECTION 1. Section 44-23-410 of the 1976 Code is amended to read:

"Section 44-23-410. Whenever a judge of the circuit or family court has reason to believe that a person on trial before him, charged with the commission of a criminal offense or civil contempt, is not fit to stand trial because the person lacks the capacity to understand the proceedings against him or to assist in his own defense as a result of a lack of mental capacity, the judge shall:

(1) order examination of the person by two examiners designated by the Department of Mental Health or the Mental Retardation Department, or both. The examination must be made within fifteen days after the court's order; or

(2) order the person committed for examination and observation to an appropriate facility for not more than 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 superintendent of the facility shall request in writing an additional period for observation of not more than fifteen days. If the person or his counsel so 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. The court may prescribe the time and conditions under which the independent examination is conducted."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 24th day of April, 1990.