S 0621 General Bill, By Hayes and Waldrep

Similar(H 3172)
 A Bill to amend Section 56-5-1210, Code of Laws of South Carolina, 1976,
 relating to duties of a driver involved in an accident resulting in death or
 personal injury, so as to increase the penalty for a driver who leaves the
 scene of an accident when death or great bodily injury occurs; and to amend
 Section 56-5-1220, relating to duties of a driver involved in an accident
 resulting in damage to an attended vehicle, so as to increase the penalty for
 a driver who leaves the scene of an accident when an attended vehicle is
 damaged.

   03/08/95  Senate Introduced and read first time SJ-11
   03/08/95  Senate Referred to Committee on Judiciary SJ-11

A BILL

TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO INCREASE THE PENALTY FOR A DRIVER WHO LEAVES THE SCENE OF AN ACCIDENT WHEN DEATH OR GREAT BODILY INJURY OCCURS; AND TO AMEND SECTION 56-5-1220, RELATING TO DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO AN ATTENDED VEHICLE, SO AS TO INCREASE THE PENALTY FOR A DRIVER WHO LEAVES THE SCENE OF AN ACCIDENT WHEN AN ATTENDED VEHICLE IS DAMAGED.

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

SECTION 1. Section 56-5-1210 of the 1976 Code is amended to read:

"Section 56-5-1210. (A) The driver of any a vehicle involved in an accident resulting in injury to or the death of any a person shall immediately shall stop such the vehicle at the scene of such the accident or as close thereto to it as possible, but. He then shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230. Every such The stop shall must be made without obstructing traffic more than is necessary. Any A person who failing fails to stop or to comply with such the requirements under such circumstances shall of this section, is guilty of:

(1) a misdemeanor and, upon conviction, be punished by imprisonment for not less than thirty days nor more than one year or by a fine of not less than one hundred dollars nor more than five thousand dollars, or by both such fine and imprisonment. must be imprisoned not less than thirty days nor more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both, when injury results but great bodily injury or death does not result;

(2) a felony and, upon conviction, must be imprisoned not less than thirty days nor more than ten years and fined not less than five thousand dollars nor more than ten thousand dollars when great bodily injury results; or

(3) a felony and, upon conviction, must be imprisoned not less than one year nor more than twenty-five years and fined not less than ten thousand dollars nor more than twenty-five thousand dollars when death results.

(B) As used in this section, `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 a bodily member or organ.

(C) The department shall revoke the driver's license of the person so convicted pursuant to this section."

SECTION 2. Section 56-5-1220 of the 1976 Code is amended to read:

"Section 56-5-1220. The driver of any a vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any a person shall immediately shall stop such the vehicle at the scene of such the accident or as close thereto to it as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 56-5-1230. Every such stop shall must be made without obstructing traffic more than is necessary. Any A person failing who fails to stop or comply with such the requirements under such circumstances shall of this section is be guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both."

SECTION 3. This act takes effect upon approval by the Governor.