South Carolina General Assembly
117th Session, 2007-2008

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Bill 3740

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 9, 2008

H. 3740

Introduced by Rep. Rutherford

S. Printed 4/9/08--H.

Read the first time March 20, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3740) to amend Section 17-5-50, Code of Laws of South Carolina, 1976, relating to vacancies in the office of coroner, so as to revise the manner, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking SECTIONS 3, 4, and 5 in their entirety.

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND FOR THE MANNER IN WHICH THE DUTIES OF THE CORONER SHALL BE PERFORMED; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS DISCRETIONARY RATHER THAN MANDATORY; TO AMEND SECTION 17-7-10, RELATING TO ORDERING OF AUTOPSIES, SO AS TO REQUIRE THE CORONER AND MEDICAL EXAMINER TO IMMEDIATELY REQUEST AN AUTOPSY IF A CHILD'S DEATH IS UNATTENDED; TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION IN REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE CIRCUMSTANCES; TO AMEND SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE ALSO SHALL MEET WITH THE CORONER FROM THE COUNTY IN WHICH CHILD DEATHS OCCUR; AND TO REPEAL SECTION 17-5-80 RELATING TO A MAGISTRATE ACTING AS A CORONER IN CERTAIN CASES.

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

SECTION    1.    Section 17-5-50 of the 1976 Code is amended to read:

"Section 17-5-50.    In the event of a vacancy in the office of coroner, the Governor may fill the office by appointment, as provided in Section 4-11-20. (A)    If a vacancy occurs in the office of coroner in any county of this State one year or less before the next general election for coroners, the Governor may appoint a suitable person who must be an elector of the county, and who, upon qualifying, is entitled to hold the office until his successor is elected and qualifies. The appointed coroner is subject to all the duties and liabilities incident to the office during the term of his service.

(B)    If a vacancy occurs in the office of county coroner more than one year before the next general election for coroners, the Governor shall appoint a suitable person as provided in subsection (A) until a special election is held to elect a coroner to serve for the remainder of the unexpired term.

(C)    If a county coroner is suspended by the Governor upon the coroner's indictment or for other reasons, the chief magistrate of that county shall act as coroner until the suspended coroner is reinstated or until a coroner is elected and qualifies in the next general election for coroners, whichever occurs first.

(D)    The chief deputy or second in command of the coroner's office shall act as coroner until the vacancy is filled, except when a suspension occurs in which case the provisions of subsection (C) apply. While acting as coroner, the chief deputy or second in command is subject to the duties and liabilities incident to the office of coroner and shall receive the same salary as the former coroner at the time of the vacancy or suspension."

SECTION    2.    Section 17-5-70 of the 1976 Code, as last amended by Act 73 of 2001, is further amended to read:

"Section 17-5-70.    A county coroner may shall appoint one or more deputies or investigators to be approved by the judge of the circuit or by any circuit judge presiding therein, who must take and subscribe the oath prescribed by the constitution prior to before entering upon the duties of appointment as a deputy coroner. The oath may be administered by any officer authorized to administer oaths in the county. The appointment must be evidenced by a certificate thereof, signed by the coroner, and continue at the coroner's pleasure. The coroner may take a bond and surety from his deputy as he considers necessary to secure the faithful discharge of the duties of the appointment, but the coroner must always be answerable for the neglect of duty or misconduct in office of his deputy coroner. When duly qualified, as herein required, the deputy coroner may do and perform any or all of the duties appertaining to the office of the coroner."

SECTION    3.    Section 17-7-10 of the 1976 Code is amended to read:

"Section 17-7-10.    (A)    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.

(B)    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.

(C)    The coroner or medical examiner immediately shall request an autopsy if a child's death is unattended as defined in Section 17-5-540. The autopsy must be performed as soon as possible by a pathologist with forensic training."

SECTION 4.    Section 20-7-5915(B)(1) and (3) of the 1976 Code, as last amended by Act 73 of 2001, is further amended to read:

"(B)    To achieve its purpose, the department shall:

(1)    upon receipt of a report of a child death from the county coroner or medical examiner, as required by Section 17-5-540, investigate and gather all information on the child fatality. The coroner or medical examiner immediately must request an autopsy if SLED determines that an autopsy is necessary. The autopsy must be performed by a pathologist with forensic training as soon as possible. The forensic pathologist must shall inform the department of the findings within forty-eight hours of completion of the autopsy. If the autopsy reveals the cause of death to be pathological or an unavoidable accident, the case must be closed by the department. If the autopsy reveals physical or sexual trauma, suspicious markings, or other findings that are questionable or yields no conclusion to the cause of death, the department immediately must begin an investigation;

(3)    upon receipt of additional investigative information, request in writing as soon as possible for the coroner to reopen a case for another coroner's inquest;"

SECTION    5.    Section 20-7-5920(B)(1) of the 1976 Code, as last amended by Act 73 of 2001, is further amended to read:

"(1)    meet with the department and the coroner from that county no later than one month after the department receives notification by the county coroner or medical examiner pursuant to Section 17-5-540 to review the investigation of the death;"

SECTION    6.    Section 17-5-80 of the 1976 Code is repealed.

SECTION    7.    This act takes effect upon approval by the Governor.

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