South Carolina General Assembly
112th Session, 1997-1998

Bill 133


                    Current Status

Bill Number:                    133
Ratification Number:            116
Act Number:                     52
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970114
Primary Sponsor:                Hayes 
All Sponsors:                   Hayes 
Drafted Document Number:        council\legis\bills\pt\2637cm.97
Date Bill Passed both Bodies:   19970515
Date of Last Amendment:         19970513
Governor's Action:              S
Date of Governor's Action:      19970605
Subject:                        Disabilities and Special Needs
                                Department, involuntary admission to;
                                solicitor may initiate proceeding in
                                courts

History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19970619  Act No. A52
------  19970605  Signed by Governor
------  19970604  Ratified R116
Senate  19970515  Concurred in House amendment,
                  enrolled for ratification
House   19970514  Read third time, returned to Senate
                  with amendment
House   19970513  Amended, read second time
House   19970507  Committee report: Favorable              25 HJ
House   19970417  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19970416  Read third time, sent to House
Senate  19970415  Read second time
Senate  19970415  Committee amendment adopted
Senate  19970410  Committee report: Favorable with         13 SMA
                  amendment
Senate  19970114  Introduced, read first time,             13 SMA
                  referred to Committee


View additional legislative information at the LPITS web site.


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

(A52, R116, S133)

AN ACT TO AMEND SECTION 44-20-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVOLUNTARY ADMISSION OF A PERSON TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO PROVIDE THAT A SOLICITOR OR AN ASSISTANT SOLICITOR RESPONSIBLE FOR THE CRIMINAL PROSECUTION MAY INITIATE A PROCEEDING FOR INVOLUNTARY ADMISSION OF A PERSON IN PROBATE OR FAMILY COURT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-23-430, RELATING TO A HEARING ON FITNESS TO STAND TRIAL, SO AS TO CHANGE A REFERENCE IN THE SECTION PERTAINING TO JUDICIAL ADMISSION PROCEEDINGS.

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

Involuntary admission

SECTION 1. Section 44-20-450(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(A) Proceedings for the involuntary admission of a person with mental retardation or a related disability to the services of the department may be initiated by the filing of a verified petition with the probate or the family court by:

(1) the spouse;

(2) a relative;

(3) the parents;

(4) a parent with legal custody;

(5) the legal guardian of the person;

(6) the person in charge of a public or private institution in which the individual is residing at the time;

(7) the director of the county department of social services of the county in which the person resides; or

(8) a solicitor or an assistant solicitor responsible for the criminal prosecution pursuant to Section 44-23-430(2).

Upon filing of the petition, the judge shall set a date for a hearing on it and ensure that the client has an attorney who represents him. The parents, parent with legal custody, spouse, guardian, or nearest known relative of the person alleged to have mental retardation or a related disability and in whose behalf the petition has been made and in the discretion of the court, the individual alleged to have mental retardation or a related disability and the department must be served by the court with a written notice of the time and place of the hearing, together with a written statement of the matters stated in the petition. If no parent, spouse, legal guardian, or known relative of the person alleged to have mental retardation or a related disability is found, the court shall appoint a guardian ad litem to represent the person alleged to have mental retardation or a related disability, and the notice must be served upon the guardian. If the parent, spouse, guardian, or known relative of the person alleged to have mental retardation or a related disability is found, he must be notified of the right to an attorney at the hearing."

Hearing

SECTION 2. Section 44-23-430(2) of the 1976 Code is amended to read:

"(2) The person is unfit to stand trial for the reasons set forth in Section 44-23-410 and is unlikely to become fit to stand trial in the foreseeable future, the solicitor responsible for the criminal prosecution shall initiate judicial admission proceedings pursuant to Sections 44-17-510 through 44-17-610 or Section 44-20-450 within sixty days during which time the court shall order him hospitalized; or"

Time effective

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

Approved the 5th day of June, 1997.