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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senator Shealy
Document Path: l:\s-res\ks\025chem.hm.ks.docx
Introduced in the Senate on January 14, 2014
Currently residing in the Senate Committee on Judiciary
Summary: Field Sobriety tests
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/10/2013 Senate Prefiled 12/10/2013 Senate Referred to Committee on Judiciary 1/14/2014 Senate Introduced and read first time (Senate Journal-page 50) 1/14/2014 Senate Referred to Committee on Judiciary (Senate Journal-page 50) 1/22/2014 Senate Referred to Subcommittee: Hutto (ch), Corbin, Young
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VERSIONS OF THIS BILL
TO AMEND SECTION 56-5-2948 OF THE 1976 CODE, RELATING TO FIELD SOBRIETY TESTS, TO PROVIDE NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN INVESTIGATING LAW ENFORCEMENT OFFICER SUSPECTS A PERSON CAUSED A MOTOR VEHICLE INCIDENT RESULTING IN THE DEATH OF ANOTHER PERSON, AND THE DRIVER IS PHYSICALLY UNABLE TO SUBMIT TO A FIELD SOBRIETY TEST ON THE SCENE OF THE INCIDENT, THE DRIVER 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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2948 is amended to read:
"Section 56-5-2948. (A) When an investigating law enforcement officer suspects a person caused
is suspected of causing a motor vehicle incident resulting in the death of another person by the investigating law enforcement officer on the scene of the incident, the driver must submit to field sobriety tests if he is physically able to do so.
(B) Notwithstanding any other provision of law, when an investigating law enforcement officer suspects a person caused a motor vehicle incident resulting in the death of another person, and the driver is physically unable to submit to a field sobriety test on the scene of the incident, the driver 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."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on January 22, 2014 at 10:10 AM