H 4911 General Bill, By J.H. Neal, Anderson, J. Brown, A.W. Byrd, Canty, 
Carnell, Cave, C.D. Chamblee, Clyburn, Cobb-Hunter, Cooper, J.L.M. Cromer, 
Dantzler, Delleney, Easterday, Fleming, Gamble, Harrell, Harvin, R.J. Herdklotz, 
M. Hines, J.H. Hodges, Howard, Inabinett, Keegan, Kennedy, W.D. Keyserling, 
Kirsh, Klauber, Knotts, Law, Lee, L.H. Limbaugh, Lloyd, C.V. Marchbanks, Mason, 
J.T. McElveen, D.E. McTeer, Moody-Lawrence, Rhoad, T.F. Rogers, Scott, 
J.S. Shissias, R. Smith, Stille, J.W. Tucker, Walker, Whatley, Whipper, 
L.S. Whipper, J.M. White, Wilder, Wilkes, D. Williams, S.S. Wofford and 
Young-Brickell
 A Bill to amend Section 56-5-1210, Code of Laws of South Carolina, 1976,
 relating to the duties of a driver involved in an accident resulting in death
 or injury to a person, so as to revise the penalties and make the penalties
 mandatory.

   04/11/96  House  Introduced and read first time HJ-7
   04/11/96  House  Referred to Committee on Judiciary HJ-7

A BILL

TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR INJURY TO A PERSON, SO AS TO REVISE THE PENALTIES AND MAKE THE PENALTIES MANDATORY.

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

SECTION 1. Section 56-5-1210 of the 1976 Code is amended to read:

"Section 56-5-1210. (A) The driver of any a vehicle involved in an accident resulting in injury to or the death of any a person immediately shall immediately stop such the vehicle at the scene of such the accident or as close thereto to the accident scene as possible, but and immediately shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230. Every such The stop shall must be made without obstructing traffic more than is necessary. Any A person failing to stop or to comply with such these requirements under such these circumstances shall is guilty of a felony and, upon conviction, must be punished by: imprisonment for not less than thirty days nor more than one year or by a fine of not less than one hundred dollars nor more than five thousand dollars, or by both such fine and imprisonment. The Department shall revoke the driver's license of the person so convicted

(1) a mandatory fine of not less than five thousand dollars or more than ten thousand dollars and mandatory imprisonment for not less than thirty days or more than fifteen years when injury results;

(2) a mandatory fine of not less than ten thousand dollars or more than twenty-five thousand dollars and mandatory imprisonment for not less than one year or more than twenty-five years when death results.

(B) 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.

(C) The department shall suspend the driver's license of a 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 the term of imprisonment plus three years."

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