A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-7-40, RELATING TO INFANT SAFE HAVENS, SO AS TO CHANGE THE AGE UP UNTIL WHen AN INFANT MAY BE LEFT AT A SAFE HAVEN.

 

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

 

SECTION 1.  Section 63-7-40(G) and (J) of the S.C. Code is amended to read:

 

    (G) A person who leaves an infant at a safe haven or directs another person to do so must not be prosecuted for any criminal offense on account of such action if:

       (1) the person is a parent of the infant or is acting at the direction of a parent;

       (2) the person leaves the infant in the physical custody of a staff member or an employee of the safe haven; and

       (3) the infant is not more than sixty days six months old or the infant is reasonably determined by the hospital or hospital outpatient facility to be not more than sixty days six months old.

    This subsection does not apply to prosecution for the infliction of any harm upon the infant other than the harm inherent in abandonment.

 

    (J) For purposes of this section:

       (1) "Infant" means a person not more than sixty days six months old; and.

       (2) "Safe haven" means a hospital or hospital outpatient facility, a law enforcement agency, a fire station, an emergency medical services station, or any staffed house of worship during hours when the facility is staffed.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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