A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING "MADDIE'S LAW" BY ADDING SECTION 56-5-2915 SO AS TO CREATE THE OFFENSE OF "RECKLESS DRIVING WITH GREAT BODILY INJURY" AND TO PROVIDE PENALTIES; AND BY AMENDING SECTION 56-5-2910, RELATING TO RECKLESS VEHICULAR HOMICIDE, SO AS TO INCREASE THE PENALTIES.

 

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

 

SECTION 1.  This act may be cited as the "Maddie's Law."

 

SECTION 2.  Article 23, Chapter 5, Title 56 of the S.C. Code is amended by adding:

 

    Section 56-5-2915. (A) A person who drives a motor vehicle in a manner as to indicate either a wilful or wonton disregard for the safety of persons or property, and the driving of the motor vehicle causes great bodily injury to another person, is guilty of reckless driving resulting in great bodily injury and, upon conviction, must be punished by a mandatory fine of not more than seven thousand five hundred dollars or a term of imprisonment of not more than seven years, or both. The Department of Motor Vehicles shall revoke for two years the driver's license of a person convicted of reckless driving with great bodily injury.

    (B) As used in this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the functions of any bodily member or organ.

    (C) After one year of a conviction and release from imprisonment, the person may petition the court to lift the second year's suspension of his driver's license upon good cause shown.

 

SECTION 3.  Section 56-5-2910(A) of the S.C. Code is amended to read:

 

    (A) When the death of a person ensues within three years as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless vehicular homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless vehicular homicide is guilty of a felony, and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten fifteen years, or both. The Department of Motor Vehicles shall revoke for five years the driver's license of a person convicted of reckless vehicular homicide.

 

SECTION 4.  The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.  After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

 

SECTION 5.  This act takes effect upon approval by the Governor.

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