Download This Version in Microsoft Word format
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2938 SO AS TO ESTABLISH MISDEMEANOR DEATH BY VEHICLE AS AN OFFENSE AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 56-1-720, RELATING TO THE POINT SYSTEM ESTABLISHED FOR THE EVALUATION OF THE DRIVING RECORD OF PERSONS OPERATING MOTOR VEHICLES, SO AS TO PROVIDE THAT THE OFFENSE OF MISDEMEANOR DEATH BY VEHICLE IS A SIX POINT VIOLATION.
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 56-5-2938. (A) A person commits the offense of misdemeanor death by vehicle if:
(1) he unintentionally causes the death of another person; and
(2) he was engaged in the violation of a state law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic other than an offense contained in Section 56-5-2910, 56-5-2930, 56-5-2933, or 56-5-2945.
(B) A person who violates this provision, upon conviction, must be imprisoned not more than ninety days, and fined not more than one thousand dollars."
SECTION 2. Section 56-1-720 of the 1976 Code is amended to read:
"Section 56-1-720. There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:
VIOLATION POINTS
Reckless driving 6
Passing stopped school bus 6
Hit-and-run, property damages only 6
Driving too fast for conditions, or speeding:
(1) No more than 10 m.p.h. above the posted limits 2
(2) More than 10 m.p.h. but less than 25
m.p.h. above the posted limits 4
(3) 25 m.p.h. or above the posted limits 6
Disobedience of any official traffic control device 4
Misdemeanor death by vehicle 6
Disobedience to officer directing traffic 4
Failing to yield right-of-way 4
Driving on wrong side of road 4
Passing unlawfully 4
Turning unlawfully 4
Driving through or within safety zone 4
Failing to give signal or giving improper
signal for stopping, turning, or
suddenly decreased speed 4
Shifting lanes without safety precaution 2
Improper dangerous parking 2
Following too closely 4
Failing to dim lights 2
Operating with improper lights 2
Operating with improper brakes 4
Operating a vehicle in unsafe condition 2
Driving in improper lane 2
Improper backing 2
Endangerment of a highway worker, no injury 2
Endangerment of a highway worker, injury results 4"
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on February 14, 2018 at 12:25 PM