South Carolina S 299: Law Enforcement

Bill Text

2025-2026 Bill 299 Text of Previous Version (Jan. 30, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 299

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 AMENDING 
SECTION 44-17-410, RELATING TO EMERGENCY ADMISSION TO A PUBLIC OR PRIVATE 
HOSPITAL, MENTAL HEALTH CLINIC, OR MENTAL HEALTH FACILITY OF A PERSON LIKELY TO 
CAUSE SERIOUS HARM TO HIMSELF OR OTHERS, SO AS TO EXTEND THE TIME THE REQUIRED 
CERTIFICATE IS VALID IF SAFE TRANSPORT IS UNAVAILABLE DUE TO A NATURAL DISASTER 
OR SOME OTHER LIFE-THREATENING CONDITION; AND BY AMENDING SECTION 44-17-440, 
RELATING TO THE CUSTODY AND TRANSPORT OF A PERSON REQUIRING IMMEDIATE CARE, SO 
AS TO EXTEND THE TIME THE REQUIRED CERTIFICATE IS VALID IF SAFE TRANSPORT IS 
UNAVAILABLE DUE TO A NATURAL DISASTER OR SOME OTHER LIFE-THREATENING CONDITION, 
TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A FRIEND OR RELATIVE MAY TRANSPORT 
A MENTALLY ILL PATIENT, AND TO PROVIDE FOR CIVIL IMMUNITY UNDER CERTAIN 
CIRCUMSTANCES.

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

SECTION 1. Section 44-17-410(2) of the S.C. Code is amended to 
read:

 (2) a certification in triplicate by 
at least one licensed physician stating that the physician has examined the 
person and is of the opinion that the person is mentally ill and because of 
this condition is likely to cause harm to himself through neglect, inability to 
care for himself, or personal injury, or otherwise, or to others if not 
immediately hospitalized. The certification must contain the grounds for the 
opinion. A person for whom a certificate has been issued may not be admitted on 
the basis of that certificate after the expiration of three calendar days after 
the date of the examination; however, in the event of a 
natural disaster or the existence of life-threatening conditions during the 
time that a person may be taken into custody, the certificate expires three 
days after conditions are determined to be safe for transport;

SECTION 2. Section 44-17-440 of the S.C. Code is amended to read:

 Section 
44-17-440. (A)(1) 
The certificate required by Section 44-17-410, emergency admission, must 
authorize and require a state or local law enforcement officer, preferably in 
civilian clothes and preferably with crisis intervention training, to take into 
custody and transport the person to the hospital designated by the 
certification. No person may be taken into custody after the expiration of 
three days from the date of certification. In the event of 
a natural disaster or the existence of life-threatening conditions during the 
time that a person may be taken into custody, the certificate expires three 
days after the conditions are determined to be safe for transport.A friend or relative may transport the individual to the mental 
health facility designated in the application or engage the services of an 
emergency medical technician as defined by Section 44-61-310, if the friend or 
relative has read and signed a statement on the certificate which clearly 
states that it is the responsibility of a state or local law enforcement officer 
to provide timely transportation for the patient and that the friend or 
relative freely chooses to assume that responsibility and liability. A friend 
or relative who chooses to transport the patient is not entitled to 
reimbursement from the State for the cost of the transportation. An officer or 
an emergency medical technician acting in accordance with this article is 
immune from civil liability. 

 (2) Upon 
entering a written agreement between theNothing in 
this section shall prohibit a hospital, a local law enforcement agency, 
the governing body of the local government, thean emergency medical service providersprovider, or the Department of 
Mental Health and the directors of the community 
mental health centers, an alternative transportation program utilizing peer 
supporters and case managers may be arranged from arranging 
transportation for nonviolent persons, provided 
that the third party meets the minimum standards as determined by the 
department. requiring mental health treatment. 
The agreement must clearly must 
define the responsibilities of each party and the requirements for 
program participation.

 (B) 
An individual who has been certified for an involuntary emergency admission but 
not yet admitted to a facility and needs to be transported from a mental health 
center or an emergency department of a hospital to another facility for 
admission may be transported by an emergency medical technician.

 (C) If a certifying physician 
determines that a patient's condition would not pose a flight risk or likely 
harm to himself or others if transported by a friend or relative, a friend or 
relative of the patient is readily available