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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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