South Carolina General Assembly
114th Session, 2001-2002

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Bill 3668

Indicates Matter Stricken
Indicates New Matter

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


COMMITTEE REPORT

April 24, 2002

    H. 3668

Introduced by Reps. Jennings and Cato

S. Printed 4/24/02--S.

Read the first time May 14, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (H. 3668) 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, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

    /    SECTION ___.    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 and/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; and

    (4)    an individual entitled to bring a wrongful death action on behalf of the deceased.

    These photographs and videos must not be released or disseminated except 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 one thousand dollars nor more than five thousand dollars. Each violation under this section must be considered a separate offense."    /

    Renumber sections to conform.

    Amend title to conform.

LARRY A. MARTIN for Committee.

            

A BILL

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 ALL DOCUMENTS AND RECORDS OF AND INCIDENTAL TO AN AUTOPSY.

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

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; or

        (iii)    an individual entitled to bring a wrongful death action on behalf of the deceased."

SECTION    2.    This act takes effect upon approval by the Governor.

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