South Carolina General Assembly
115th Session, 2003-2004

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H. 3225

STATUS INFORMATION

General Bill
Sponsors: Reps. Rice, Stille, Sandifer, Keegan and M.A. Pitts
Document Path: l:\council\bills\swb\5087cm03.doc
Companion/Similar bill(s): 467

Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary

Summary: Chemical tests required when motor vehicle accident results in death or serious bodily injury; provisions

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/18/2002  House   Prefiled
  12/18/2002  House   Referred to Committee on Judiciary
   1/14/2003  House   Introduced and read first time HJ-92
   1/14/2003  House   Referred to Committee on Judiciary HJ-92

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/18/2002

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2956 SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE ACCIDENT RESULTS IN THE DEATH OR SERIOUS BODILY INJURY OF A PEDESTRIAN OR A PERSON WHO IS A PASSENGER IN, OR THE OPERATOR OF, A MOTOR VEHICLE INVOLVED IN AN ACCIDENT, A CHEMICAL TEST MUST BE ADMINISTERED ON ALL MOTOR VEHICLE OPERATORS INVOLVED IN THE ACCIDENT AND UPON ANY DECEDENT WHO WAS NOT A MOTOR VEHICLE OPERATOR UNDER CERTAIN CIRCUMSTANCES.

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

SECTION    1.    Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2956.    Notwithstanding another provision of law, when a motor vehicle accident results in the death or serious bodily injury of a pedestrian or a person who is either a passenger in, or the operator of a motor vehicle involved in an accident, and where a law enforcement officer has reasonable suspicion to believe that a person driving a motor vehicle while under the influence of alcohol, drugs, or a combination of both, or that alcohol, drugs, or a combination of both, was present at the scene of the accident, then a chemical test must be administered on all operators of motor vehicles who are involved in the accident and upon the decedent if he was not an operator of a motor vehicle."

SECTION    2.    This act takes effect upon approval by the Governor.

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