South Carolina General Assembly
114th Session, 2001-2002

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Bill 3668


                    Current Status

Bill Number:                      3668
Ratification Number:              458
Act Number:                       350
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010306
Primary Sponsor:                  Jennings
All Sponsors:                     Jennings and Cato
Drafted Document Number:          l:\council\bills\pt\1263dw01.doc
Companion Bill Number:            461
Date Bill Passed both Bodies:     20020606
Date of Last Amendment:           20020605
Governor's Action:                S
Date of Governor's Action:        20020719
Subject:                          Freedom of Information Act, autopsy 
                                  photographs or videos exempt from disclosure 
                                  requirements


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020731  Act No. A350
------  20020719  Signed by Governor
------  20020606  Ratified R458
House   20020606  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  20020605  Amended, read third time, 
                  returned to House with amendment
Senate  20020529  Amended
Senate  20020516  Amended, read second time, 
                  notice of general amendments
Senate  20020424  Committee report: Favorable with       11 SJ
                  amendment
Senate  20010514  Introduced, read first time,           11 SJ
                  referred to Committee
House   20010511  Read third time, sent to Senate
House   20010510  Amended, read second time, 
                  unanimous consent for third reading 
                  on Friday, 20010511
House   20010509  Committee report: Favorable with       25 HJ
                  amendment
------  20010315  Companion Bill No. 461
House   20010306  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on May 9, 2001 - Word format
Revised on May 10, 2001 - Word format
Revised on April 24, 2002 - Word format
Revised on May 16, 2002 - Word format
Revised on May 29, 2002 - Word format
Revised on June 5, 2002 - Word format

View additional legislative information at the LPITS web site.


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

(A350, R458, H3668)

AN ACT TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY, AND BY ADDING SECTION 17-5-535 SO AS TO PROVIDE THAT PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY MAY ONLY BE VIEWED BY CERTAIN PERSONS AND PROVIDE A PENALTY FOR VIOLATION.

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

Photographs or videos of autopsy exempt from FOI

SECTION 1. Section 30-4-40(a) of the 1976 Code, as last amended by Act 122 of 1999, is further amended by adding an appropriately numbered item at the end to read:

"( ) Photographs or videos of and incidental to the performance of an autopsy, except that the photographs or videos may be viewed by:

( i) a law enforcement agency, for official use only;

(ii) parents of the deceased, surviving spouse, guardian, personal representative, or next of kin;

(iii) a prosecutor or a defendant when the defendant in the case is accused of the murder or homicide of the subject of the photograph or video;

(iv) a person bringing or defending a civil action or administrative matter where the photo or video is considered by the judge or hearing officer, by written order, to be relevant to the action or matter; or

(v) a person who receives such photograph or video pursuant to a validly issued subpoena, after notice and opportunity to object are provided to the personal representative of the decedent's estate."

Photographs or videos only viewed by certain persons

SECTION 2. The 1976 Code is amended by adding:

"Section 17-5-535. (A) Photographs or videos of and incidental to the performance of an autopsy shall only be viewed by:

(1) the coroner or the medical examiner, and their deputies;

(2) a law enforcement agency, for official use only;

(3) parents of the deceased, surviving spouse, guardian, personal representative, or next of kin;

(4) a prosecutor or a defendant when the defendant in the case is accused of the murder or homicide of the subject of the photograph or video;

(5) a person bringing or defending a civil action or administrative matter where the photo or video is considered by the judge or hearing officer, by written order, to be relevant to the action or matter; and

(6) a person who receives such photograph or video pursuant to a validly issued subpoena, after notice and opportunity to object are provided to the personal representative of the decedent's estate.

These photographs and videos must be released and disseminated only as authorized by this section.

(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five thousand dollars nor more than fifty thousand dollars. Each violation under this section must be considered a separate offense."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 6th day of June, 2002.

Approved the 19th day of July, 2002.

__________


This web page was last updated on Tuesday, December 8, 2009 at 11:29 A.M.