Current Status Bill Number:4575 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960207 Primary Sponsor:Tucker All Sponsors:Tucker, Shissias, Stuart, Allison, R. Smith, Robinson, Riser and Vaughn Drafted Document Number:dka\3501cm.96 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Mental health examiner's report, trial provisions
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19960207 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 44-23-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN EXAMINER'S REPORT CONCERNING A PERSON'S FITNESS TO STAND TRIAL, SO AS TO NOT PRECLUDE THE COURT FROM ORDERING AN EXAMINATION ON THE QUESTION OF INSANITY OR CRIMINAL RESPONSIBILITY BY AN EXAMINER DESIGNATED BY THE PROSECUTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-23-420 of the 1976 Code is amended to read:
"Section 44-23-420. (A) Within five days of examination under Section 44-23-410(1) or at the conclusion of the observation period under Section 44-23-410(2), the designated examiners shall make a written report to the court which shall include includes:
(1) a diagnosis of the person's mental condition,; and
(2) clinical findings bearing on the issues of whether or not the person is capable of understanding the proceedings against him and assisting in his own defense, and if there is a substantial probability that he will attain that capacity in the foreseeable future.
(B) The report of the designated examiners shall not contain any findings nor shall the examiners testify on the question of insanity should it be raised as a defense unless further examination on the question of insanity is ordered by the court.
(C) This section does not preclude the court from ordering an examination concerning the question of insanity or criminal responsibility by an examiner designated by the prosecution in addition to or instead of the examination contained in Section 44-23-410."
SECTION 2. This act takes effect upon approval by the Governor.