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TO AMEND ARTICLE 23, CHAPTER 5 OF TITLE 56 OF THE 1976 CODE RELATED TO REGULATING TRAFFIC ON HIGHWAYS, BY ADDING SECTIONS 56-5-3010 AND 56-5-3020 TO ESTABLISH THE CRIMES OF VEHICULAR HOMICIDE AND VEHICULAR BATTERY CAUSING GREAT BODILY INJURY, AND TO PROVIDE PENALTIES FOR BOTH CRIMES.
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 56-5-3010. (A) A who is operating a vehicle without a valid driver's license, with a suspended driver's license, or who has been determined to be a habitual offender is guilty of vehicular homicide when he performs an act forbidden by law or neglects any duty imposed by law while operating a vehicle and the violation or neglect proximately causes the death of a person.
(B) A person who is convicted of, pleads guilty to, or pleads nolo contendere to vehicular homicide is guilty of a felony and must be imprisoned for not more than ten years, and fined not more than ten thousand dollars, and must have his driver's license revoked for three years beyond any period of imprisonment.
(C) If an administrative error by the Department of Motor Vehicles, the South Carolina Department of Public Safety, the courts that have jurisdiction over these matters, or an insurance company, has been made concerning the driver's license or insurance of the person, the person has an absolute defense to this section and may not be convicted of this offense."
SECTION 2. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-3020. (A) As used in this section, 'great bodily injury' means bodily injury, which creates a substantial risk of death or that causes permanent disfigurement, or protracted loss, or impairment of the function of a bodily member or organ.
(B) A who is operating a vehicle without a valid driver's license, operating a vehicle with a suspended driver's license, or who has been determined to be a habitual offender who performs an act forbidden by law or neglects any duty imposed by law while operating a motor vehicle and the violation or neglect proximately causes great bodily injury to a person is guilty of vehicular battery causing great bodily injury.
(C) A person who is convicted of, pleads guilty to, or pleads nolo contendere to vehicular great bodily injury is guilty of a felony and must be imprisoned not more than five years, and fined not more than five thousand dollars, and must have his driver's license revoked for two years beyond any period of imprisonment.
(D) If an administrative error by the Department of Motor Vehicles, the South Carolina Department of Public Safety, the courts that have jurisdiction over these matters, or an insurance company, has been made concerning the driver's license or insurance of the person, the person has an absolute defense to this section and may not be convicted of this offense."
SECTION 3. This act takes effect upon approval by the Governor.
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