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H. 3331
STATUS INFORMATION
General Bill
Sponsors: Rep. G.M. Smith
Document Path: l:\council\bills\swb\5118cm03.doc
Introduced in the House on January 16, 2003
Currently residing in the House Committee on Judiciary
Summary: Vehicular homicide
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/16/2003 House Introduced and read first time HJ-232 1/16/2003 House Referred to Committee on Judiciary HJ-232
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2900 SO AS TO ESTABLISH THE OFFENSE OF VEHICULAR HOMICIDE, AND TO PROVIDE PENALTIES FOR A VIOLATION OF THIS OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2900. A person who operates a motor vehicle and unintentionally performs an act prohibited by law or unintentionally neglects to perform a duty imposed by law while operating the motor vehicle, and whose unintentional act or neglect proximately causes the death of another person is guilty of vehicular homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to vehicular homicide is guilty of a misdemeanor and shall have his driver's license revoked for not less than thirty days nor more than one year and is subject to one or more of the following additional sentences:
(1) reexamination by the Department of Public Safety when the judge has good cause to believe that a licensed driver is incompetent or not qualified to be a licensed driver;
(2) attendance at, and satisfactory completion of a driver improvement course which meets court approved standards;
(3) community service;
(4) imprisonment for not more than two years;
(5) fined not more than five thousand dollars;
(6) probation or suspension of all or any part of a sentence upon the terms and conditions as may be prescribed by the judge. The conditions may include, but are not limited to, the restoration of driving privileges during a specific time period if the person does not incur additional motor vehicle violations during that period and if his driving privileges have not been or would not be otherwise suspended or revoked by law;
(7) reporting to the court or a specific agency; and
(8) performing or refraining from performing any acts that may be ordered by the judge."
SECTION 2. This act takes effect upon approval by the Governor.
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