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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
June 6, 2002
H. 3049
Introduced by Reps. Campsen, Altman, Simrill, Cotty and Knotts
S. Printed 6/06/02--S.
Read the first time March 12, 2002.
TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE SOUTH CAROLINA STATE HOSPITAL PREMISES UNLESS AN EMPLOYEE OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE DEFENDANT AT ALL TIMES AND TO DEFINE "VIOLENT CRIME" FOR THIS PURPOSE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-24-40 of the 1976 Code is amended to read:
"Section 17-24-40. (A) In the event a verdict of 'not guilty by reason of insanity' is returned, the trial judge shall must order the defendant person who was the defendant committed to the South Carolina State Hospital for a period not to exceed one hundred twenty days. During that time, an examination shall must be made of the defendant person to determine the need for hospitalization of the defendant person pursuant to the standards set forth in Section 44-17-580 of the 1976 Code.
(B) A report of the findings shall must be made to the chief administrative judge of the circuit in which the trial was held, the solicitor, the defendant person, and the defendant's person's attorney.
(C)(1) Within fifteen days after receipt of this report by the court, the chief administrative judge of the circuit in which the trial was held shall must hold a hearing to decide whether the defendant person should be hospitalized pursuant to the standard of Section 44-17-580 of the 1976 Code.
(2)(a) If the chief administrative judge finds the defendant person not to be in need of hospitalization, he the judge may order the defendant person released upon such terms or conditions, if any, as he shall deem the judge considers appropriate for the safety of the community and the well-being of the defendant person.
(b) In the event the chief administrative judge finds the defendant person to be in need of hospitalization, he shall the judge must order him the person committed to the South Carolina State Hospital.
(c) If at a later date it is determined by officials of the State Hospital that the defendant person is no longer in need of hospitalization, they shall the officials must notify the chief administrative judge, the solicitor, the defendant person, and the defendant's person's attorney. Within twenty-one days after the receipt of this notice, the chief administrative judge, upon notice to all parties, shall must hold a hearing to determine whether the defendant person is in need of continued hospitalization pursuant to the standard of Section 44-17-580 of the 1976 Code. If the finding of the court is that the defendant person is in need of continued hospitalization, it shall the court must order his continued confinement. If it's the court's finding is that the defendant person is not in need of continued hospitalization, it may order the defendant person released upon such terms and conditions, if any, as the chief administrative judge shall deem considers appropriate for the safety of the community and the well-being of the defendant person.
(D) Any terms and conditions imposed by the chief administrative judge shall must be therapeutic in nature, not punitive. Therapeutic terms shall must include, but not be limited to, requirements that the defendant person:
(1) continue taking medication for an indefinite time and verify in writing the use of medication;
(2) receive periodic examinations and reviews by psychiatric personnel; and
(3) report periodically to the probation office for an evaluation of his reaction to his environment and his general welfare.
(E) The chief administrative judge of the circuit in which the trial was held shall at all times have has jurisdiction over the defendant person for the purposes of this chapter.
(F) If a person is committed to the supervision of the Department of Mental Health pursuant to this section after having been found not guilty by reason of insanity of a violent crime, the person may not leave the facility or grounds to which he is committed at any time unless accompanied by an employee of the department who must be responsible for and in the physical presence of the person at all times. For purposes of this section, a violent crime includes those offenses described in Section 16-1-60 and the common law offense of assault and battery of a high and aggravated nature."
SECTION 2. Section 25-1-420 of the 1976 Code, as last amended by an Act of 2002 bearing unnumbered ratification number ____, is further amended to read:
"Section 25-1-420. There is established within the office of the Adjutant General the South Carolina Preparedness Division (division).
The division must be administered by a director appointed by the Adjutant General, to serve at his pleasure, and such additional staff as may be employed or appointed by the Adjutant General.
The division is responsible for the implementation of the following:
(a) coordinating the efforts of all state, county, and municipal agencies and departments in developing a State Emergency Plan;
(b) conducting a statewide preparedness program to assure the capability of state, county, and municipal governments to execute the State Emergency Plan;
(c) establishing and maintaining a State Emergency Operations Center and providing support of the state emergency staff and work force; and
(d) establishing an effective system for reporting, analyzing, displaying, and disseminating emergency information; and
(e) establishing a statewide Urban Search and Recovery Team for response to emergency situations, to the extent that funding is provided by the General Assembly."
SECTION 3. The 1976 Code is amended by adding:
"Section 23-15-45. A sheriff is invested with statewide territorial jurisdiction to serve upon an inmate incarcerated at a state correctional institution or local detention facility an arrest warrant issued by a magistrate of a county who has been granted, by written order of the Chief Justice of the Supreme Court of South Carolina, statewide territorial jurisdiction to dispose of qualified criminal cases."
SECTION 4. Section 56-5-2522 of the 1976 Code, as added by Act 195 of 2002, is amended to read:
"Section 56-5-2522. (A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle or object and its contents be towed for any reason, whether on public or private property, must use the established towing procedure for his jurisdiction.
(B) Sixty days After a vehicle or object has been towed, a law enforcement officer of the jurisdiction that must notify the owners and lienholders as provided in Section 56-5-5630, must provide the towing company the current owner's name, address, and a record of all lienholders along with the make, model, and vehicle identification number or a description of the object on the proper forms.
(C) A proprietor, owner, and operator of a storage place, garage, or towing service, which has towed and stored a vehicle or object, has a lien against the vehicle or object and its contents, and may have the vehicle or object and its contents sold at public auction. Storage costs can be charged for a period not to exceed sixty days after which the owner, lienholder of record, or both, must be notified of all current charges and additional storage costs that have accrued on the date a certified notice is mailed. Thirty Fifteen days after the notice is mailed, the vehicle or object and its contents may must be considered abandoned and sold by a regular or special constable appointed by the sheriff, or his designee, or chief of police, or his designee, as provided by Section 56-5-5640."
SECTION 5. Section 56-5-2360(a) of the 1976 Code is amended to read:
"(a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of Section 56-5-4970 and visual signals meeting the requirements of Section 56-5-4700, or of a police vehicle properly and lawfully making use of an audible signal or visual signal only, the driver of every other vehicle traveling along a two-lane roadway shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible, to the right hand edge or curb of the roadway clear of any intersection and shall stop and remain in such that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. A driver of a vehicle traveling along a multilane roadway shall yield the right-of-way and shall remain in, or move to a location that allows the emergency vehicle or police vehicle to pass safely, except as otherwise directed by a police officer."
SECTION 6. Section 56-3-120 of the 1976 Code, as last amended by Act 375 of 2000, is further amended by adding at the end:
"(6) firefighting vehicles that are publicly owned by the state or a county, municipality, or special purpose district as follows:
(a) motorized firefighting vehicles that carry a pump or water tank in excess of three hundred gallons;
(b) motorized firefighting vehicles containing a hydraulically operated ladder; and
(c) specialized support vehicles that specifically transport equipment utilized for rescue operations, hazardous materials response, wildfire emergencies, breathing air refill support, and incident command."
SECTION 7. (A) The 1976 Code is amended by adding:
"Section 56-1-464. (A) Notwithstanding the provisions of Section 56-1-460, a person who drives a motor vehicle on any public highway of the State when his license is canceled, suspended, or revoked solely based on an out-of-state motor vehicle violation for which the penalty is a fine and the fine has not been paid to the out-of-state agency and when the violation is not based upon a charge of driving under the influence of alcohol or drugs or a reckless driving charge may petition the magistrate's court to dismiss the state's charge of driving under suspension based upon the out-of-state violation if:
(1) the person presents to the court a satisfactory resolution of the out-of-state violation as exhibited by an official receipt from the out-of-state agency that the fine has been paid; and
(2) the person pays an assessment to the magistrate's court for a first offense of five hundred dollars; for a second offense of one thousand dollars; for a third offense of one thousand five hundred dollars; and for a fourth and subsequent offense of two thousand dollars. This assessment is not subject to an additional assessment under the provisions of Sections 14-1-207 or 14-1-208.
Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this subitem must be tried exclusively in magistrate's court.
(B) The provisions of Section 56-1-464 as contained in this section apply to any applicable out-of-state offense committed within the last ten years before the effective date of this section, notwithstanding any other provision of this act to the contrary."
SECTION 8. Section 56-5-1538 of the 1976 Code, as added by Act 256 of 1996, is amended to read:
"Section 56-5-1538. (A) An emergency scene is a location designated by the potential need to provide emergency medical care and is identified by emergency vehicles with flashing red lights, rescue equipment, or emergency personnel on the scene.
(B) An emergency scene is a special hazard.
(C) An emergency scene is under the authority of the first arriving emergency personnel, which includes emergency medical services personnel, until the arrival of the fire or law enforcement officials having jurisdiction. All motor vehicles passing through an emergency scene and pedestrians observing an emergency scene must obey and not interfere with the duties of emergency personnel. Motor vehicles and bystanders may not block access to or exit from an emergency scene.
(D) The management authority of emergency medical services is limited to managing patient care and preventing further injury to the patients and on-scene personnel. This authority may be delegated by emergency personnel to provide an adequate level of safety.
(E) A paid or volunteer worker at an emergency scene has proper authority to be at and control the scene in a manner consistent with his training.
(F) The driver of a vehicle shall ensure that the vehicle is kept under control when approaching or passing an emergency scene or authorized emergency vehicle stopped on or near the right-of-way of a street or highway with emergency lights flashing. The exercise of control required for a driver to comply with this section is that control possible and necessary by the driver to prevent a collision, to prevent injury to persons or property, and to avoid interference with the performance of emergency duties by emergency personnel.
(G) A person driving a vehicle approaching a stationery authorized emergency vehicle that is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights, or amber or yellow warning lights shall proceed with due caution, significantly reduce the speed of the vehicle, and:
(1) yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or
(2) maintain a safe speed for road conditions, if changing lanes is impossible or unsafe.
(H) A person who violates the provisions this section is guilty of the misdemeanor of endangering emergency services personnel and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars.
(I) For purposes of this section:
(1) 'Authorized emergency vehicle' means any ambulance, police, fire, rescue, recovery, or towing vehicle authorized by this State, county, or municipality to respond to a traffic incident.
(2) 'Emergency services personnel' means fire, police, or emergency medical services personnel (EMS) responding to an emergency incident."
SECTION 9. Section 56-5-2990(B) of the 1976 Code, as last amended by Part II, Section 11 of Act 100 of 1999, is further amended to read:
"(B) Any A person whose license is suspended under the provisions of this section, Section 56-1-286, or Section 56-5-2951 must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. A person who must complete an Alcohol and Drug Safety Action Program as a condition of reinstatement of his driving privileges or a court-ordered drug program may use the route restricted or special restricted driver's license to attend the Alcohol and Drug Safety Action Program classes or court-ordered drug program in addition to the other permitted uses of a route restricted driver's license or a special restricted driver's license. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. Entry into and successful completion of the services, if the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant whose license is suspended pursuant to this section. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. Alcohol and Drug Safety Action Programs shall begin meet at least once a month. The person whose license is suspended must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment."
SECTION 10. Section 56-5-2951(J)(1) and (2) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(1) If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from the Alcohol Drug Safety Action Program classes, or to a court-ordered drug program. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, or place of education, location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, or his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of attendance of his court-ordered drug program or residence must be reported immediately to the department by the licensee."
SECTION 11. Section 56-5-2951(R) of the 1976 Code, as added by Act 115 of 1999, is amended to read:
"(R) If a person does not request an administrative hearing within the ten-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from Alcohol and Drug Safety Action Program classes, or a court-ordered drug program. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, or place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program and that there is no adequate public transportation between his residence and his place of employment, or his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program. The department shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of his court-ordered drug program, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."
SECTION 12. Section 56-5-2780(A) of the 1976 Code is amended to read:
"(A) A driver of a vehicle violating Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. Notwithstanding any other provision of law, a first offense for a violation of Section 56-5-2770(a) or (e) may be tried in magistrate's court. Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770(a) or (e), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days."
SECTION 13. Section 56-1-745(C)(1) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:
"(1) If an individual is employed or enrolled in a college, or university, or court-ordered drug program, at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education, or to a court-ordered drug program, and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college, or university, or court-ordered drug program, that he lives further than one mile from his place of employment, or education, or court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment or place of education."
SECTION 14. Section 56-1-746(D)(1) and (2) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:
"(1) If an individual is employed or enrolled in a college or university, or a court-ordered drug program, at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work, or his place of education, or the court-ordered drug program, and in the course of his employment, or education, or a court-ordered drug program during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college, or university, or court-ordered drug program, that he lives further than one mile from his place of employment, or education, or court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, or his place of education, or court-ordered drug program.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance in his court-ordered drug program, or residence must be reported immediately to the department by the licensee."
SECTION 15. The 1976 Code is amended by adding:
"Section 22-5-115. (A) Notwithstanding any other provision of law, a summary court or municipal judge may issue a summons to appear for trial instead of an arrest warrant, based upon a sworn statement of an affiant who is not a law enforcement officer investigating the case, if the sworn statement establishes probable cause that the alleged crime was committed. The summons must express adequately the charges against the defendant. If the defendant fails to appear before the court, he may be tried in his absence or a bench warrant may be issued for his arrest. The summons must be served personally upon the defendant.
(B) The Attorney General must design the form containing the summons to appear. The form must include:
(1) an affidavit that establishes probable cause;
(2) a description of the charges against the defendant;
(3) the date, time, and place of the trial;
(4) the name of the issuing officer;
(5) the defendant's and affiant's name, address, and telephone number;
(6) the date and location of the incident; and
(7) notice that the defendant may be tried in his absence or a bench warrant may be issued for his arrest.
(C) A summons issued pursuant to this section must be tracked in the same manner as an arrest warrant."
SECTION 16. This act takes effect upon approval by the Governor.
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