Current Status Introducing Body:Senate Bill Number:51 Primary Sponsor:Bryan Committee Number:25 Type of Legislation:GB Subject:Reexamination after not guilty by reason of insanity Residing Body:House Current Committee:Judiciary Computer Document Number:436/12783AC.93 Introduced Date:19930112 Date of Last Amendment:19930211 Last History Body:House Last History Date:19930218 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Bryan Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 51 House 19930218 Introduced, read first time, 25 referred to Committee 51 Senate 19930217 Read third time, sent to House 51 Senate 19930211 Amended, read second time 51 Senate 19930210 Committee Report: Favorable 11 with amendment 51 Senate 19930112 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
COMMITTEE AMENDMENT ADOPTED
February 11, 1993
S. 51
S. Printed 2/11/93--S.
Read the first time January 12, 1993.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-24-45 SO AS TO PROVIDE FOR THE RIGHT TO RE-EXAMINATION AFTER A DEFENDANT IS COMMITTED TO THE SOUTH CAROLINA STATE HOSPITAL FOLLOWING A VERDICT OF "NOT GUILTY BY REASON OF INSANITY".
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 17-24-45. (A) A defendant committed under Section 17-24-40(C)(2)(b) is entitled to have a re-examination on the defendant's own petition or that of an interested person to the chief administrative judge. The treatment facility shall inform a defendant of the right to petition for re-examination. Notice of this right must be given in writing upon commitment and every six months after commitment.
(B) Upon receiving the petition, the chief administrative judge shall conduct proceedings in accordance with Section 17-24-40(C)(2)(c). The proceedings are not required if the petition is filed sooner than six months after the issuance of the commitment order or sooner than six months after holding a hearing pursuant to this section. The costs must be borne by the petitioner unless the court determines that the petitioner cannot afford these costs."
SECTION 2. This act takes effect upon approval by the Governor.