Bill 898

                    Current Status

Bill Number:               898
Ratification Number:       478
Act Number                 389
Introducing Body:          Senate
Subject:                   Relating to the custody and transport of
                           prospective mental health patients

(A389, R478, S898)

AN ACT TO AMEND SECTION 44-17-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CUSTODY AND TRANSPORT OF PROSPECTIVE MENTAL HEALTH PATIENTS, SO AS TO AUTHORIZE FRIENDS AND RELATIVES TO TRANSPORT INDIVIDUALS ALLEGED TO BE MENTALLY ILL TO THE APPROPRIATE HEALTH TREATMENT FACILITY.

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

Custody and transport of prospective mental health patients

Section 1. Section 44-17-440 of the 1976 Code is amended to read:

"Section 44-17-440. The certificate required by item (2) of Section 44-17-410 shall authorize and require any officer of the peace, preferably in civilian clothes, to take the individual into custody and transport him to the hospital designated by the certification. No person shall be taken into custody after the expiration of three days from the date of certification. Any friend or relative may transport the individual to the mental health facility designed in the application, provided such friend or relative has read and signed a statement on the certificate which clearly states that it is the responsibility of an officer of the peace to provide timely transportation for the patient and that the friend or relative freely chooses to assume such responsibility. A friend or relative who chooses to transport the patient shall not be entitled to reimbursement from the State for the cost of such transportation. Any officer acting in accordance with the provisions of this article shall be immune from civil liability.

Time effective

Section 2. This act shall take effect upon the approval by the Governor.