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Bill 4762

                    Current Status

Bill Number:                      4762
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020219
Primary Sponsor:                  Rice
All Sponsors:                     Rice, Robinson, Webb and Knotts
Drafted Document Number:          l:\council\bills\ggs\22355cm02.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          DUI, chemical test performed on drivers 
                                  and passengers involved in fatal accident to 
                                  determine presence of alcohol or drugs


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020227  Co-Sponsor added (Rule 5.2) by Rep.            Knotts
House   20020219  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2956 SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE ACCIDENT RESULTS IN THE DEATH OR SERIOUS BODILY INJURY OF A PEDESTRIAN OR A PERSON WHO IS A PASSENGER IN, OR THE OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT, THEN A CHEMICAL TEST MUST BE ADMINISTERED ON ALL MOTOR VEHICLE OPERATORS INVOLVED IN THE ACCIDENT AND UPON ANY DECEDENT WHO WAS NOT A MOTOR VEHICLE OPERATOR UNDER CERTAIN CIRCUMSTANCES.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 56-5-2956.    Notwithstanding another provision of law, when a motor vehicle accident results in the death or serious bodily injury of a pedestrian or a person who is either a passenger in, or the operator of a motor vehicle involved in an accident, and where a law enforcement officer has reasonable suspicion to believe that a person driving a motor vehicle while under the influence of alcohol, drugs, or a combination of both, or that alcohol, drugs, or a combination of both, was present at the scene of the accident, then a chemical test must be administered on all operators of motor vehicles who are involved in the accident and upon the decedent if he was not an operator of a motor vehicle."

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

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