South Carolina H 4642: Fitness to Stand Trial

Bill Text

2025-2026 Bill 4642 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4642

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY ADDING SECTION 44-23-470 SO AS TO CREATE ADDITIONAL 
JUDICIAL PROCEDURES FOR CERTAIN DEFENDANTS WHOSE FITNESS TO STAND TRIAL IS IN 
ISSUE; AND BY AMENDING SECTION 44-23-430, RELATING TO FITNESS TO STAND TRIAL 
HEARINGS, SO AS TO MAKE CONFORMING CHANGES.

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

SECTION 1. Article 5, Chapter 23, Title 44 of the S.C. Code is 
amended by adding:

 Section 
44-23-470. (A) Upon a finding that 
a defendant who is charged with an offense under Section 16-1-60 is incompetent 
to stand trial pursuant to Section 44-23-430(A)(2) or (3), on the motion of the 
solicitor or on its own motion, the court may retain jurisdiction over the 
defendant, if at a hearing held within thirty days of the motion, the court 
finds by clear and convincing evidence that:

 (1) 
the defendant is:

 (a) 
a person with a mental illness, as the term is defined in Section 44-23-10, 
subject to court order under Section 44-17-580(A);

 (b) 
a person with an intellectual disability or a person with a related disability, 
as those terms are defined in Section 44-20-30, subject to court order under 
Section 44-20-450; or

 (c) 
a person with a neurocognitive disorder as defined in the most current 
publication of the American Psychiatric Association entitled "The Diagnostic 
and Statistical Manual of Mental Disorders" found to be in need of placement in 
a facility or service program of the Department of Behavioral Health and 
Developmental Disabilities;

 (2) 
the defendant committed an offense listed in Section 16-1-60; and

 (3) 
the acts constituting the offense or offenses charged and any history of the 
defendant indicate a likelihood of serious harm to himself or others.

 (B)(1) In making a determination under 
subsection (A) as to whether to retain jurisdiction over the defendant, the 
court:

 (a) 
shall appoint counsel to represent the defendant if counsel has not been 
retained;

 (b) 
may admit hearsay or affidavit evidence on secondary matters such as testimony 
to establish the chain of custody of physical evidence, laboratory reports, 
authentication of transcripts taken by official reporters, court and business 
records, and public documents;

 (c) 
shall consider all relevant evidence including, but not limited to, any 
relevant psychiatric, psychological, or medical testimony or reports, the acts 
constituting the offense or offenses charged, and any history of the defendant 
that is relevant to the defendant's ability to conform to the law; and

 (d) 
may appoint one or more examiners with licensure appropriate for the 
defendant's condition to examine the defendant and report to the court their 
findings as to the defendant's condition and need for treatment.

 (2)(a) Any examination of the defendant's 
condition undertaken pursuant to item (1)(d) must be made at a suitable place 
not likely to have a harmful effect upon the defendant's health.

 (b) 
On a report of a designated examiner of refusal to submit to examination, the 
court shall order the defendant to submit to examination. If the defendant 
refuses to obey the court's order the court may require a state or local law 
enforcement officer to take the defendant into custody for a period not 
exceeding twenty-four hours during which time the defendant must be examined by 
the designated examiner. The defendant's attorney must be notified before the 
defendant is taken into custody.

 (c) 
An adequate record of the examination must be made and offered to the 
defendant's counsel. The defendant and the solicitor must be given the 
opportunity to request an additional examination by an independent designated 
examiner. After receiving the reports of the designated examiners, the court 
may appoint additional examiners as it deems necessary.

 (C) 
If the court conducts a hearing pursuant to subsection (A) and if the court 
does not make the relevant findings by clear and convincing evidence, the court 
shall issue an order declining to retain jurisdiction over the defendant. If 
the court declines jurisdiction based on the provisions of subsection (A)(2) or 
(3), the solicitor responsible for the criminal prosecution of the defendant 
shall initiate judicial admission proceedings pursuant to Sections 44-17-510 
through 44-17-610 or Section 44-20-450 within fourteen days, excluding 
Saturdays, Sundays, and holidays, of entry of the court's order declining 
jurisdiction.

 (D)(1)(a) If the court conducts a hearing pursuant 
to subsection (A) and retains jurisdiction, the court shall commit the 
defendant, if determined to be a person with a ment