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Current Status Bill Number:View additional legislative information at the LPITS web site.179 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Martin All Sponsors:Martin, Ryberg, Giese, Branton, Hayes, Fair Drafted Document Number:l:\s-res\lam\001dui .jh.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:DUI accident in which death or bodily injury, penalty increased, Motor vehicles, Transportation, Traffic violations History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990112 Introduced, read first time, 11 SJ referred to Committee Senate 19981216 Prefiled, referred to Committee 11 SJ Versions of This Bill
TO AMEND SECTION 56-5-2945, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO FELONY DRIVING UNDER THE INFLUENCE, SO AS TO INCREASE FROM FIFTEEN TO TWENTY YEARS THE MANDATORY MAXIMUM PENALTY WHICH MUST BE IMPOSED FOR A CONVICTION FOR FELONY DUI WHERE GREAT BODILY INJURY RESULTS, THEREBY UPGRADING THIS OFFENSE FROM A CLASS D TO A CLASS C FELONY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2945 of the 1976 Code is amended to read:
"(A) Any person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a vehicle and when driving does any act forbidden by law or neglects any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes great bodily injury or death to any person other than himself, is guilty of a felony and upon conviction must be punished:
(1) by a mandatory fine of not less than five thousand dollars nor more than ten thousand dollars and mandatory imprisonment for not less than thirty days nor more than fifteen twenty years when great bodily injury results;
(2) by a mandatory fine of not less than ten thousand dollars nor more than twenty-five thousand dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.
No part of the mandatory sentences required to be imposed by this section may be suspended, and probation may not be granted for any portion.
(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 any bodily member or organ.
The department shall suspend the driver's license of any person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include any term of imprisonment plus three years."
SECTION 2. This act takes effect upon approval by the Governor.
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