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Current Status Bill Number:View additional legislative information at the LPITS web site.3450 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010201 Primary Sponsor:Bingham All Sponsors:Bingham, Knotts, Lourie, J.E. Smith, Stuart, Altman Drafted Document Number:l:\council\bills\ggs\22768cm01.doc Residing Body:Senate Date of Last Amendment:20020403 Subject:Misdemeanor death by vehicle, offense of provided; Motor Vehicles, Accidents; Crimes and Offenses, Transportation History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020529 Recalled from Committee, 11 SJ placed on the Calendar Senate 20020409 Introduced, read first time, 11 SJ referred to Committee House 20020404 Read third time, sent to Senate House 20020403 Amended, read second time House 20020326 Amended, debate interrupted by adjournment House 20020320 Debate adjourned until Tuesday, 20020326 House 20020318 Co-Sponsor added (Rule 5.2) by Rep. Altman House 20020307 Request for debate by Representative J.H. Neal Rutherford Bales J. Young G.M. Smith Hosey Bingham McGee Howard Coates J. Brown Mack Gourdine Leach Loftis Rhoad Knotts House 20020306 Committee report: Favorable with 25 HJ amendment House 20010201 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on March 6, 2002 - Word format Revised on March 26, 2002 - Word format Revised on April 3, 2002 - Word format Revised on May 29, 2002 - Word format
RECALLED
May 29, 2002
H. 3450
Introduced by Reps. Bingham, Knotts, Lourie, J.E. Smith, Stuart and Altman
S. Printed 5/29/02--S.
Read the first time April 9, 2002.
EXPLANATION OF IMPACT:
Judicial Department
The department indicates there will not be a fiscal impact on the General Fund of the State or on federal and/or other funds.
State Law Enforcement Division (SLED)
The SLED states this bill would have a minimal impact on the General Fund of the State. Under existing legislation testing is done in the in the majority of instances where law enforcement officers have reason to believe alcohol or drugs, or both may have contributed to a traffic accident resulting in serious bodily injury or death. Any increase in cases would be minimal and could be absorbed within existing resources.
Department of Public Safety (DPS)
The DPS states this bill would have no impact on the General Fund of the State as chemical tests are currently performed by the State Law Enforcement Division.
LOCAL GOVERNMENT IMPACT:
All of the local governments surveyed responded that passage of this bill will have a minimal or no fiscal impact on their locality.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE FOR THE OFFENSE OF MISDEMEANOR DEATH BY A VEHICLE, AND TO PROVIDE A PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-2925. (A) A person who unintentionally causes the death of another person while violating a state law or local ordinance which applies to the operation or 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. 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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