H 4207 Session 112 (1997-1998)
H 4207 General Bill, By Campsen, Altman, Bailey, Barrett, Breeland, H. Brown,
Chellis, Dantzler, Delleney, Easterday, Harrell, Haskins, Hawkins, Hinson,
Inabinett, Law, L.H. Limbaugh, Limehouse, Mack, Robinson, Seithel, Whatley,
Whipper, Young-Brickell and W.J. Young
A BILL TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY,
SO AS TO PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS FOUND NOT
GUILTY BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE HOSPITAL
PREMISES UNLESS AN EMPLOYEE OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE
DEFENDANT AT ALL TIMES AND TO DEFINE "VIOLENT CRIME".
05/22/97 House Introduced and read first time HJ-76
05/22/97 House Referred to Committee on Judiciary HJ-76
A BILL
TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO COMMITMENT OF A
DEFENDANT FOUND NOT GUILTY BY REASON OF
INSANITY, SO AS TO PROVIDE THAT A DEFENDANT
HOSPITALIZED ON THESE GROUNDS FOUND NOT GUILTY
BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT
LEAVE THE HOSPITAL PREMISES UNLESS AN EMPLOYEE
OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE
DEFENDANT AT ALL TIMES AND TO DEFINE "VIOLENT
CRIME".
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 17-24-40 of the 1976 Code is amended by
adding at the end:
"(F) If a defendant is committed to the South Carolina State
Hospital pursuant to this section after having been found not guilty
by reason of insanity of a violent crime, the defendant may not leave
the hospital premises at any time unless accompanied by an employee
of the hospital who must be responsible for and in the physical
presence of the defendant at all times. For purposes of this section,
a violent crime includes those offenses so described in Section
16-1-60 and the common law offense of assault and battery of a high
and aggravated nature."
SECTION 2. This act takes effect upon approval by the Governor.
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