South Carolina Legislature


 

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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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