South Carolina General Assembly
109th Session, 1991-1992

Bill 3074


                    Current Status

Introducing Body:               House
Bill Number:                    3074
Ratification Number:            70
Act Number:                     34
Primary Sponsor:                P. Harris
Type of Legislation:            GB
Subject:                        Mentally ill, examiners hearing
                                time decreased
Companion Bill Number:          382
Date Bill Passed both Bodies:   Apr 04, 1991
Computer Document Number:       NO5/7070.BD
Governor's Action:              S
Date of Governor's Action:      Apr 24, 1991
Introduced Date:                Jan 08, 1991
Last History Body:              ------
Last History Date:              Apr 24, 1991
Last History Type:              Act No. 34
Scope of Legislation:           Statewide
All Sponsors:                   P. Harris
                                Carnell
                                J. Harris
                                Mattos
                                Whipper
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3074  ------  Apr 24, 1991  Act No. 34
 3074  ------  Apr 24, 1991  Signed by Governor
 3074  ------  Apr 18, 1991  Ratified R 70
 3074  Senate  Apr 04, 1991  Read third time, enrolled for
                             ratification
 3074  Senate  Apr 03, 1991  Read second time
 3074  Senate  Apr 02, 1991  Committee Report: Favorable     13
 3074  Senate  Feb 12, 1991  Introduced, read first time,    13
                             referred to Committee
 3074  House   Feb 07, 1991  Read third time, sent to
                             Senate
 3074  House   Feb 05, 1991  Read second time
 3074  House   Jan 30, 1991  Committee Report: Favorable     27
 3074  House   Jan 08, 1991  Introduced and read first       27
                             time, referred to Committee
 3074  House   Dec 12, 1990  Prefiled, referred to           27
                             Committee

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

(A34, R70, H3074)

AN ACT TO AMEND SECTION 44-17-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT BY DESIGNATED EXAMINERS CONCERNING WHETHER A PERSON IS MENTALLY ILL AND RELATED HEARINGS, SO AS TO DECREASE THE TIME ALLOWED FOR THE EXAMINERS TO RENDER A MAJORITY OPINION.

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

Required time decreased for report of examiners on whether a person is mentally ill

SECTION 1. Section 44-17-540 of the 1976 Code is 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 five 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 designated examinations 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 immediately shall 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 takes effect upon approval by the Governor.

Approved the 24th day of April, 1991.