H*3199 Session 115 (2003-2004)
H*3199(Rat #0155, Act #0094 of 2003) General Bill, By J.E. Smith, Harrison,
Cobb-Hunter, Altman, Bailey, Richardson and Cotty
AN ACT TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO
INCLUDE A MEMBER OF THE CLERGY, INCLUDING CHRISTIAN SCIENCE PRACTITIONERS AND
RELIGIOUS HEALERS; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO
PRIVILEGED COMMUNICATIONS WHICH APPLY AND WHICH DO NOT APPLY WITH REGARD TO
REPORTING CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE A PRIEST, INCLUDING
CHRISTIAN SCIENCE PRACTITIONERS AND RELIGIOUS HEALERS, TO REPORT EXCEPT WHEN
THE COMMUNICATION IS RECEIVED FROM THE ALLEGED PERPETRATOR DURING A
COMMUNICATION PROTECTED BY THE PRIEST-PENITENT PRIVILEGE PURSUANT TO SECTION
19-11-90. - ratified title
12/11/02 House Prefiled
12/11/02 House Referred to Committee on Judiciary
01/14/03 House Introduced and read first time HJ-78
01/14/03 House Referred to Committee on Judiciary HJ-78
02/04/03 House Member(s) request name added as sponsor: Cotty
02/05/03 House Committee report: Favorable Judiciary HJ-10
02/06/03 House Read second time HJ-27
02/06/03 House Unanimous consent for third reading on next
legislative day HJ-28
02/06/03 Scrivener's error corrected
02/07/03 House Read third time and sent to Senate HJ-2
02/11/03 Senate Introduced and read first time SJ-5
02/11/03 Senate Referred to Committee on Judiciary SJ-5
05/21/03 Senate Committee report: Favorable with amendment
Judiciary SJ-9
05/22/03 Senate Amended SJ-25
05/22/03 Senate Read second time SJ-25
06/04/03 Senate Read third time and returned to House with
amendments SJ-73
06/05/03 House Senate amendment amended HJ-22
06/05/03 House Returned to Senate with amendments HJ-22
06/05/03 Senate Concurred in House amendment and enrolled SJ-173
06/05/03 Ratified R 155
07/25/03 Signed By Governor
09/15/03 Effective date See Act for Effective Date
09/15/03 Copies available
09/23/03 Act No. 94
H. 3199
(A94, R155, H3199)
AN ACT TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY, INCLUDING CHRISTIAN SCIENCE PRACTITIONERS AND RELIGIOUS HEALERS; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND WHICH DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE A PRIEST, INCLUDING CHRISTIAN SCIENCE PRACTITIONERS AND RELIGIOUS HEALERS, TO REPORT EXCEPT WHEN THE COMMUNICATION IS RECEIVED FROM THE ALLEGED PERPETRATOR DURING A COMMUNICATION PROTECTED BY THE PRIEST-PENITENT PRIVILEGE PURSUANT TO SECTION 19-11-90.
Be it enacted by the General Assembly of the State of South Carolina:
Mandatory reporting of child abuse
SECTION 1. Section 20-7-510(A) of the 1976 Code, as amended by Act 81 of 2001, is further amended to read:
"(A) A physician, nurse, dentist, optometrist, medical examiner, or coroner, or an employee of a county medical examiner's or coroner's office, or any other medical, emergency medical services, mental health, or allied health professional, member of the clergy including a Christian Science Practitioner or religious healer, school teacher, counselor, principal, assistant principal, social or public assistance worker, substance abuse treatment staff, or childcare worker in a daycare center or foster care facility, police or law enforcement officer, undertaker, funeral home director or employee of a funeral home, persons responsible for processing films, computer technician, or a judge must report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child has been or may be abused or neglected as defined in Section 20-7-490."
Privileged communications
SECTION 2. Section 20-7-550 of the 1976 Code, as amended by Act 450 of 1996, is further amended to read:
"Section 20-7-550. The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client or clergy member, including Christian Science Practitioner or religious healer, and penitent, is abrogated and does not constitute grounds for failure to report or the exclusion of evidence in a civil protective proceeding resulting from a report pursuant to this article. However, a clergy member, including Christian Science Practitioner or religious healer, must report in accordance with this subarticle except when information is received from the alleged perpetrator of the abuse and neglect during a communication that is protected by the clergy and penitent privilege as defined in Section 19-11-90."
Time effective
SECTION 3. This act takes effect upon approval by the Governor and applies to any communication made pursuant to Section 20-7-550 on or after the effective date.
Ratified the 5th day of June, 2003.
Approved the 25th day of July, 2003.
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