H*3620(Rat #0256, Act #0116)  General Bill, By D.C. Waldrop
 A Bill to amend Section 17-7-10, Code of Laws of South Carolina, 1976,
 relating to the powers of coroners or solicitors to order autopsies upon death
 of incarcerated persons, so as to revise the conditions under which these
 autopsies must be ordered.

   03/03/93  House  Introduced and read first time HJ-15
   03/03/93  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-15
   04/28/93  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-9
   05/06/93  House  Debate adjourned until Tuesday, May 11, 1993 HJ-69
   05/12/93  House  Amended HJ-59
   05/12/93  House  Read second time HJ-60
   05/13/93  House  Read third time and sent to Senate HJ-14
   05/17/93  Senate Introduced and read first time SJ-8
   05/17/93  Senate Referred to Committee on Judiciary SJ-8
   06/01/93  Senate Recalled from Committee on Judiciary
   06/01/93  Senate Read second time SJ-39
   06/01/93  Senate Ordered to third reading with notice of
                     amendments SJ-39
   06/02/93  Senate Amended SJ-130
   06/02/93  Senate Read third time and returned to House with
                     amendments SJ-130
   06/03/93  House  Concurred in Senate amendment and enrolled HJ-4
   06/10/93         Ratified R 256
   06/11/93         Signed By Governor
   06/11/93         Effective date 06/11/93
   07/14/93         Copies available

AN ACT TO AMEND SECTION 17-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF CORONERS OR SOLICITORS TO ORDER AUTOPSIES UPON DEATH OF INCARCERATED PERSONS, SO AS TO REVISE THE CONDITIONS AND PROCEDURES UNDER WHICH THESE AUTOPSIES MUST BE ORDERED.

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

Autopsies; conditions and procedures for ordering

SECTION 1. Section 17-7-10 of the 1976 Code is amended to read:

"Section 17-7-10. The coroner of the county in which a body is found dead or the solicitor of the judicial circuit in which the county lies shall order an autopsy or post mortem examination to be conducted to ascertain the cause of death. If any person dies while detained, incarcerated, or under the jurisdiction of a municipal, county, or regional holdover facility, holding cell, overnight lockup or jail, a county or regional prison camp, or a state correctional facility, the coroner of the county in which the death occurs or, should that be unknown, the county in which the institution is located shall order an autopsy immediately upon notification of the death. However, if the official in charge of the institution is unable to arrange an autopsy within the State of South Carolina, he shall provide the coroner with an affidavit attesting to this inability.

In this event, the coroner shall consult with the physician who pronounced death, and, if not the same, with any other physician who is known to have treated the person within twelve months prior to his death. If the deceased person had a previously diagnosed contagious, terminal illness or condition which is considered to be the reason for death, written confirmation must be obtained from at least two physicians who attended him prior to his death, and at least one of these physicians may not have been employed by or under contract with the institution or agency which was responsible for custody of the deceased person.

The coroner may then determine that an autopsy is not required, and shall so certify in writing. Nevertheless, if the coroner decides that an autopsy is appropriate, he may order that one be arranged outside the State of South Carolina. Documentation of the death, the circumstances surrounding it, and all subsequent actions and decisions regarding the autopsy must be filed with the Jail and Prison Inspection Division of the Department of Corrections according to Section 24-9-35."

Time effective

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

Approved the 11th day of June, 1993.