View Amendment Current Amendment: JUD0263.004.DOCX to Bill 263     Senator HUTTO proposed the following perfecting amendment (JUD0263.004):

    Amend the Committee Report, as and if amended, page [263-1], by striking lines 28-42, and page [263-2], by striking lines 1-43, and inserting:

    /     "Section 56-5-2905.     A person who while driving a motor vehicle does any act forbidden by law in the driving of the motor vehicle, except a violation of Section 56-5-2930, Section 56-5-2935, or Section 56-5-2945, which proximately causes the death of another person, is guilty of the misdemeanor offense of vehicular homicide, and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days. This section does not apply if the person who dies does any act forbidden by law while driving a motor vehicle or as a pedestrian which contributes to the person's own death."         /

    Amend the Committee Report further, as and if amended, page [263-3], by striking lines 3-18, and inserting:

    /     "Section 56-5-2910.     (A)     When the death of a person ensues within three years as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless vehicular homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless vehicular homicide is guilty of a felony, and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The Department of Motor Vehicles must shall revoke for five years the driver's license of a person convicted of reckless vehicular homicide.         /

    Amend the Committee Report further, as and if amended, page [263-4], by striking lines 17-28, and inserting:

    /     "Section 56-5-2946.     (A)     Notwithstanding any other provision of law, a person must submit to either one or a combination of chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol, drugs, or a combination of alcohol and drugs if:
        (1)     there is probable cause to believe that the person, while driving a motor vehicle, did any act forbidden by law in the driving of the motor vehicle and while so driving caused a motor vehicle incident resulting in the death of another person; or
        (2)     there is probable cause to believe that the person violated or is under arrest for a violation of Section 56-5-2945.         /

    Renumber sections to conform.
    Amend title to conform.