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H. 3373
STATUS INFORMATION
General Bill
Sponsors: Reps. Bingham, Clark and Toole
Document Path: l:\council\bills\swb\5140cm03.doc
Companion/Similar bill(s): 3723
Introduced in the House on January 21, 2003
Currently residing in the House Committee on Judiciary
Summary: Fatal motor vehicle accident
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/21/2003 House Introduced and read first time HJ-20 1/21/2003 House Referred to Committee on Judiciary HJ-20 1/29/2003 House Member(s) request name added as sponsor: Clark 2/11/2003 House Member(s) request name added as sponsor: Toole
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VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE THAT A PERSON WHO UNINTENTIONALLY CAUSES THE DEATH OF ANOTHER PERSON WHILE VIOLATING A STATE LAW OR LOCAL ORDINANCE WHICH APPLIES TO THE OPERATION OR USE OF A VEHICLE, OR TO THE REGULATION OF TRAFFIC UNDER CERTAIN CIRCUMSTANCES IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-2956 SO AS TO PROVIDE THAT A CHEMICAL TEST MUST BE ADMINISTERED ON CERTAIN OPERATORS OF MOTOR VEHICLES AND DECEDENTS INVOLVED IN CERTAIN MOTOR VEHICLE ACCIDENTS.
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 56-5-2925. (A) A person who unintentionally causes the death of another person while violating a state law or local ordinance which applies to the operation that use of a vehicle, or to the regulation of traffic, and the violation is the proximate cause of the accident, is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(B) For the purposes of this section, 'state law or ordinance which applies to the operation or use of the vehicle or to the regulation of traffic' does not include the offenses of causing great bodily injury or death by operating a vehicle while under the influence of alcohol, drugs, or the combination of both, or reckless homicide."
SECTION 2. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2956. Notwithstanding any other provision of law, when a motor vehicle accident results in the death of a pedestrian or a person who is either a passenger in, or the operator of a motor vehicle involved in an 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 3. This act takes effect upon approval by the Governor.
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