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Current Status Bill Number:View additional legislative information at the LPITS web site.962 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20020131 Primary Sponsor:Martin All Sponsors:Martin, Alexander, Waldrep, Thomas, Hayes Drafted Document Number:l:\council\bills\nbd\11160ac02.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Consent to chemical test to determine presence of alcohol or other drug, person who operates motor vehicle is considered to have given; grounds when law enforcement officer must request that test be given History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020131 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2960, SO AS TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE HIGHWAYS OR ELSEWHERE THROUGHOUT THIS STATE IS CONSIDERED TO HAVE GIVEN CONSENT TO A CHEMICAL TEST OR TESTS OF HIS OR HER BLOOD, BREATH, URINE, OR OTHER BODILY SUBSTANCES FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR ANY OTHER DRUG AND TO FURTHER PROVIDE THAT IF A PERSON IS INVOLVED IN ANY TRAFFIC ACCIDENT RESULTING IN SERIOUS BODILY INJURY OR DEATH AND THE LAW ENFORCEMENT OFFICER HAS REASONABLE GROUNDS TO BELIEVE THAT ALCOHOL OR DRUGS CONTRIBUTED TO THE ACCIDENT, THE OFFICER MUST REQUEST THAT THE TEST OR TESTS BE CONDUCTED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-2960. (A) Notwithstanding any other provision of law, a person who operates a motor vehicle upon the highways or elsewhere throughout this State is considered to have given consent to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug. If a person is involved in a traffic accident resulting in serious bodily injury or death, a law enforcement officer, having reasonable grounds to believe that alcohol or drugs, or both, may have contributed to the accident, the law enforcement officer must request that the person driving or in actual physical control of the moving motor vehicle submit to the test or tests. Subject to provisions of Section 56-5-2950 not in conflict with this section, the requesting law enforcement officer must designate which test or tests must be administered and must include a blood test with drug screen.
(B) Any person who is dead, unconscious, or otherwise in a condition rendering the person incapable of refusal is considered not to have withdrawn the consent provided by subsection (A) and the test or tests may be administered, subject to provisions of Section 56-5-2950 not in conflict with this section.
(C) As used in this section, 'traffic accident resulting in great bodily injury or death' means any motor vehicle accident in which a person was killed or in which there is an 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."
SECTION 2. This act takes effect upon approval by the Governor and applies to traffic accidents resulting in great bodily injury or death as defined in Section 56-5-2925 of the Code, as added by Section 1 of this act, on or after the effective date of this act.
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