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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
April 29, 2003
H. 3722
S. Printed 4/29/03--S. [SEC 4/30/03 1:31 PM]
Read the first time April 8, 2003.
TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS, VIDEOS, AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-5-535 of the 1976 Code, as added by Act 350 of 2002, is amended to read:
"Section 17-5-535. (A) Photographs, or videos, or other visual images and audio recordings of or related and incidental to the performance of an autopsy shall only be viewed by or disseminated to:
(1) the coroner and/or or the medical examiner, or both, and their deputies staff;
(2) a members of law enforcement agency agencies, for official use only;
(3) parents of the deceased, surviving spouse, children, guardian, personal representative, or next of kin, and any other person given permission or authorization to view or possess the visual images by the personal representative of the deceased's estate;
(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 those involved in a judicial or administrative proceeding related to the death of the subject of the photograph, video, other visual image or audio recordings including, but not limited to;
(a) parties to a civil suit arising from, related to, or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings, and the attorneys for the parties and the staff of the attorneys;
(b) a person charged with a crime arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings, and the person's attorney and the staff of the attorney;
(c) staff of the prosecutor's office considering or prosecuting criminal charges arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings;
(d) lay and expert witnesses conferred with, consulted or retained by a party or an attorney considering or involved in a legal or administrative proceeding arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings;
(e) judges and administrative hearing officers, as well as their staff, involved in a judicial or administrative proceeding arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings; and
(f) members of any jury, including grand juries, petit juries and coroner's juries, empanelled to hear or decide any issue arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings;
(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 physicians and other persons consulted by or supervising the physicians or persons who were involved in the performance of the autopsy of the subject of the photograph, video, other visual images, or audio recordings; and
(6) a person who receives such photograph , or video photographs, videos, or other visual images pursuant to a validly issued subpoena court order, after notice and opportunity to object are provided to the personal representative of the decedent's deceased's estate.
These photographs and videos must be released and disseminated only as authorized by this section.
(B) Notwithstanding the provisions contained in subsection (A), a photograph, video, other visual image of an autopsy, or an audio recording of an autopsy, or a combination of each of these items, after all information immediately identifying the decedent has been redacted and after annonymizing facial recognition to the extent reasonably possible if lawfully obtained or possessed may be used for:
(1) legitimate medical scientific teaching or training purposes;
(2) legitimate teaching or training of law enforcement personnel;
(3) teaching or training of attorneys or other individuals with a professional need to use or understand forensic science or public health;
(4) conferring with medical or scientific experts in the field of forensic science or public health; or
(5) publication in a scientific or medical or legal journal or textbook.
(C) 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."
SECTION 2. Section 30-4-40(a)(18) of the 1976 Code, as added by Act 350 of 2002, is amended to read:
"(18) Photographs, or videos and other visual images, and audio recordings of and incidental related to the performance of an autopsy, except that the photographs, or videos, images, or recordings may be viewed and used by: the persons identified in Section 17-5-535 for the purposes contemplated or provided for in that section.
(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."
SECTION 3. This act takes effect upon approval by the Governor.
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