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. 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.
HISTORY: 1962 Code Section 17-90; 1955 (49) 189; 1961 (52) 278; 1980 Act No. 512, Section 1; 1993 Act No. 116, Section 1.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 7 - Autopsies And Inquest On The Dead
Section 17-7-15. Return of body after autopsy or medical examination.
Section 17-7-25. Autopsy on unidentified body; preservation of DNA samples.
Section 17-7-30. Findings on preliminary examination and filing of evidence.
Section 17-7-40. Fees for preliminary examination.
Section 17-7-70. Jurisdiction of coroners to take inquests.
Section 17-7-80. Duties of coroner concerning motor vehicle, swimming, or boating accident deaths.
Section 17-7-90. Persons subject to jury duty are liable to serve on an inquest.
Section 17-7-100. Mode of summoning a jury.
Section 17-7-110. Procedures to be followed by person directed to summon jury; compensation.
Section 17-7-120. Form of warrant to summon jury.
Section 17-7-140. Number of jurors and oath.
Section 17-7-150. Coroner shall charge jury.
Section 17-7-160. Inquiry in case of suicide.
Section 17-7-170. Coroner's power to issue warrants and to summon and examine witnesses.
Section 17-7-175. Coroner's power to issue subpoena duces tecum.
Section 17-7-180. Disregard of summons or refusal to testify.
Section 17-7-190. Coroner may punish for contempt.
Section 17-7-200. Coroner's power to adjourn the jury and bind jurors.
Section 17-7-210. Supplying places of absent jurors.
Section 17-7-220. Oath of witnesses.
Section 17-7-230. Coroner shall take testimony in writing and bind over or commit witnesses.
Section 17-7-240. Duty to render verdict; form.
Section 17-7-250. Form of conclusion of inquisition where deceased was wilfully killed.
Section 17-7-270. Form of conclusion of inquisition in case of death by self-murder.
Section 17-7-280. Form of conclusion of inquisition in case of death by means unknown.
Section 17-7-290. Form of conclusion of inquisition in case of death by mischance.
Section 17-7-300. Form of attestation clause; signature to inquisition.
Section 17-7-310. Return of inquisition and evidence to clerk.
Section 17-7-320. Endorsement on return of inquisition and evidence.
Section 17-7-330. Coroner's Book of Inquisitions.
Section 17-7-340. Compensation and mileage allowed coroner's jurors.
Section 17-7-510. Penalty for burying body without notice or inquiry.
Section 17-7-520. Order to take up buried body on suspicion of violent death; examination.
Section 17-7-530. Record of body long dead and buried or improperly kept.
Section 17-7-610. Warrant in case of wilful killing.
Section 17-7-620. Form of warrant in case of wilful killing.
Section 17-7-630. Commitment of person named in warrant in case of wilful killing.
Section 17-7-640. Sheriff and jailers are required to keep persons committed.
Section 17-7-650. Binding over person who killed another by mischance and witnesses.
Section 17-7-660. Report by county coroner to Governor in certain homicide cases.