South Carolina General Assembly
121st Session, 2015-2016

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Indicates Matter Stricken
Indicates New Matter

S. 1190

STATUS INFORMATION

General Bill
Sponsors: Senator Bright
Document Path: l:\s-jud\bills\bright\jud0103.jjg.docx

Introduced in the Senate on March 24, 2016
Currently residing in the Senate Committee on Judiciary

Summary: Testing for alcohol or drugs

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/24/2016  Senate  Introduced and read first time (Senate Journal-page 1)
   3/24/2016  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 1)

View the latest legislative information at the website

VERSIONS OF THIS BILL

3/24/2016

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

A BILL

TO AMEND SECTION 56-5-2946(A) OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBMISSION TO TESTING FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON MUST SUBMIT TO TESTING FOR ALCOHOL OR DRUGS IF THE PERSON DOES ANY ACT FORBIDDEN BY LAW OR NEGLECTS ANY DUTY IMPOSED BY LAW IN THE DRIVING OF A MOTOR VEHICLE WHICH PROXIMATELY CAUSES GREAT BODILY INJURY OR DEATH TO ANOTHER PERSON, AND THE PERSON'S CRIMINAL RECORD OR DRIVING RECORD INDICATES THE PERSON HAS BEEN PREVIOUSLY CONVICTED OF A VIOLATION OF SECTION 56-5-2930, 56-5-2933, OR 56-5-2945.

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

SECTION    1.    Section 56-5-2946(A) of the 1976 Code is amended to read:

"(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 violated or is under arrest for a violation of Section 56-5-2945; or

(2)    the person when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to another person, and the person's criminal record or driving record indicates the person has been previously convicted of a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. 'Great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

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

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This web page was last updated on March 31, 2016 at 4:49 PM