South Carolina General Assembly
110th Session, 1993-1994

Bill 51


Indicates Matter Stricken
Indicates New Matter


                    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



History


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 Committee

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

COMMITTEE AMENDMENT ADOPTED

February 11, 1993

S. 51

Introduced by SENATOR Bryan

S. Printed 2/11/93--S.

Read the first time January 12, 1993.

A BILL

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.

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