S 871

Abstract

A BILL TO AMEND SECTION 17-5-550 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO DUTIES OF THE CORONER IN CHILD DEATH INVESTIGATIONS, TO PERMIT THE CORONER, MEDICAL EXAMINER, OR LAW ENFORCEMENT OFFICER TO PETITION A MAGISTRATE, MUNICIPAL JUDGE, OR CIRCUIT COURT JUDGE WITHIN THE JURISDICTION FOR A WARRANT OBTAIN SAMPLES AND TO TEST THE BLOOD, BREATH, OR URINE OF THE CHILD'S CAREGIVER IF THERE IS PROBABLE CAUSE TO BELIEVE THE INTOXICATION OR IMPAIRMENT CONTRIBUTED TO THE DEATH OF THE CHILD; TO PROVIDE THAT THE SAMPLES OBTAINED PURSUANT TO THIS SECTION MUST BE HANDLED IN ACCORDANCE WITH PROCEDURES APPROVED BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION; TO PROVIDE THAT THE PERSON WHO OBTAINS THE SAMPLES AND THE MEDICAL FACILITY WHERE THE PROCEDURE IS PERFORMED IS RELEASED FROM CIVIL OR CRIMINAL LIABILITY UNLESS THE SAMPLE IS OBTAINED IN A NEGLIGENT, RECKLESS, OR FRAUDULENT MANNER; AND TO PROVIDE THAT NO PERSON MAY BE REQUIRED BY THE CORONER, MEDICAL EXAMINER, OR LAW ENFORCEMENT OFFICER TO OBTAIN OR TAKE A SAMPLE PURSUANT TO THIS SECTION.