H 4739 General Bill, By Simrill and Kirsh
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 56-5-2946 SO AS TO PROVIDE THE PROCEDURES AND CIRCUMSTANCES UNDER WHICH BLOOD
 TESTS OF A DEFENDANT'S BLOOD OBTAINED AND TESTED BY MEDICAL PERSONNEL SHALL BE
 ACCEPTED INTO EVIDENCE IN THIS STATE IN DUI AND FELONY DUI CASES.

   03/02/98  House  Introduced and read first time HJ-3
   03/02/98  House  Referred to Committee on Judiciary HJ-3

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2946 SO AS TO PROVIDE THE PROCEDURES AND CIRCUMSTANCES UNDER WHICH BLOOD TESTS OF A DEFENDANT'S BLOOD OBTAINED AND TESTED BY MEDICAL PERSONNEL SHALL BE ACCEPTED INTO EVIDENCE IN THIS STATE IN DUI AND FELONY DUI CASES.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-2946. In cases involving a violation of Section 56-5-2930 or 56-5-2945, tests of the defendant's blood shall be accepted into evidence by a court of competent jurisdiction of this State where the blood of the defendant was obtained and tested by appropriate medical personnel due to necessity of transporting the defendant immediately after the accident or incident for emergency medical reasons, if the blood tests were performed in accordance with established hospital protocols and were done at the request of a physician for diagnostic purposes, if testimony is offered as to the requirements of the hospital protocol, and if that protocol was followed. In this event, no formal chain of custody is required to be established. Nothing in this section shall be construed to prevent a criminal defendant from attacking the protocol or method in which the test was performed for purposes of undermining the credibility of the test before a jury."

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