S*0469(Rat #0105, Act #0097 of 2001)  General Bill, By Martin, Fair and 
McConnell
 A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
 ADDING SECTION 16-3-5 SO AS TO ABROGATE THE COMMON LAW "YEAR-AND-A-DAY RULE"
 IN THIS STATE AND PROVIDE THAT A PERSON CAUSING BODILY INJURY RESULTING IN
 DEATH IS NOT CRIMINALLY RESPONSIBLE AND MUST NOT BE PROSECUTED FOR HOMICIDE IF
 THREE YEARS INTERVENE BETWEEN THE INJURY AND THE DEATH OF THE VICTIM; TO AMEND
 SECTION 50-21-115, AS AMENDED, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A
 BOAT, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE
 YEAR AS A PROXIMATE RESULT OF AN INJURY AND PROVIDE THAT A PERSON CAUSING
 BODILY INJURY RESULTING IN DEATH BY OPERATION OF A BOAT IS NOT CRIMINALLY
 RESPONSIBLE AND MUST NOT BE PROSECUTED FOR RECKLESS HOMICIDE IF THREE YEARS
 INTERVENE BETWEEN THE INJURY AND THE DEATH OF THE VICTIM; TO AMEND SECTION
 56-5-2910, RELATING TO RECKLESS HOMICIDE BY DRIVING A VEHICLE, SO AS TO DELETE
 LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE CAUSE
 RESULT OF AN INJURY AND PROVIDE THAT A PERSON CAUSING BODILY INJURY BY DRIVING
 A VEHICLE RESULTING IN DEATH IS NOT CRIMINALLY RESPONSIBLE AND MUST NOT BE
 PROSECUTED FOR RECKLESS HOMICIDE IF THREE YEARS INTERVENE BETWEEN THE INJURY
 AND THE DEATH OF THE VICTIM.-AMENDED TITLE

   03/20/01  Senate Introduced and read first time SJ-10
   03/20/01  Senate Referred to Committee on Judiciary SJ-10
   04/25/01  Senate Committee report: Favorable with amendment
                     Judiciary SJ-24
   04/26/01  Senate Amended SJ-84
   04/26/01  Senate Read second time SJ-84
   04/26/01  Senate Unanimous consent for third reading on next
                     legislative day SJ-84
   04/27/01  Senate Read third time and sent to House SJ-11
   05/01/01  House  Introduced and read first time HJ-25
   05/01/01  House  Referred to Committee on Judiciary HJ-25
   05/23/01  House  Committee report: Favorable Judiciary HJ-11
   05/29/01  House  Read second time HJ-21
   05/30/01  House  Read third time and enrolled HJ-16
   06/05/01         Ratified R 105
   08/31/01         Signed By Governor
   08/31/01         Effective date 08/31/01
   09/17/01         Copies available
   09/17/01         Act No. 97

AN ACT TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-5 SO AS TO ABROGATE THE COMMON LAW "YEAR-AND-A-DAY RULE" IN THIS STATE AND PROVIDE THAT A PERSON CAUSING BODILY INJURY RESULTING IN DEATH IS NOT CRIMINALLY RESPONSIBLE AND MUST NOT BE PROSECUTED FOR HOMICIDE IF THREE YEARS INTERVENE BETWEEN THE INJURY AND THE DEATH OF THE VICTIM; TO AMEND SECTION 50-21-115, AS AMENDED, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE RESULT OF AN INJURY AND PROVIDE THAT A PERSON CAUSING BODILY INJURY RESULTING IN DEATH BY OPERATION OF A BOAT IS NOT CRIMINALLY RESPONSIBLE AND MUST NOT BE PROSECUTED FOR RECKLESS HOMICIDE IF THREE YEARS INTERVENE BETWEEN THE INJURY AND THE DEATH OF THE VICTIM; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE BY DRIVING A VEHICLE, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE RESULT OF AN INJURY AND PROVIDE THAT A PERSON CAUSING BODILY INJURY BY DRIVING A VEHICLE RESULTING IN DEATH IS NOT CRIMINALLY RESPONSIBLE AND MUST NOT BE PROSECUTED FOR RECKLESS HOMICIDE IF THREE YEARS INTERVENE BETWEEN THE INJURY AND THE DEATH OF THE VICTIM.

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

Person causing injury in death not to be prosecuted

SECTION 1. The 1976 Code is amended by adding:

"Section 16-3-5. A person who causes bodily injury which results in the death of the victim is not criminally responsible for the victim's death and must not be prosecuted for a homicide offense if at least three years intervene between the injury and the death of the victim."

Person operating boat in reckless disregard of safety of others is guilty of reckless homicide

SECTION 2. Section 50-21-115 of the 1976 Code, as last amended by Act 124 of 1999, is further amended to read:

"Section 50-21-115. When the death of a person ensues within three years as a proximate result of injury received by the operation of a boat in reckless disregard of the safety of others, the person operating the boat is guilty of reckless homicide. A person convicted of reckless homicide or a person who enters a plea of guilty of reckless homicide and receives sentence thereon must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for not more than ten years, or both. A person convicted of reckless homicide, involuntary manslaughter, manslaughter, or murder in the operation of a boat must be prohibited by the court having jurisdiction of these violations from operating any boat within this State for a period of not more than five years."

Person driving vehicle in reckless disregard of safety of others is guilty of reckless homicide

SECTION 3. Section 56-5-2910(A) of the 1976 Code, as last amended by Act 379 of 1998, is further amended to read:

"(A) When the death of a person ensues within three years as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless homicide is guilty of a felony and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The department must revoke for five years the driver's license of a person convicted of reckless homicide."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2001.

Approved the 31st day of August, 2001.