A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS by ENACTing "JADEN'S LAW"; BY ADDING SECTION 50-21-118 SO AS TO PROVIDE THE RESPONSIBILITIES OF VARIOUS LAW ENFORCEMENT AGENCIES, FIRST RESPONDERS, AND EMERGENCY MANAGEMENT SERVICE PROVIDERS WHEN CERTAIN BOATING ACCIDENTS OCCUR, and to provide boat landings must be clearly IDENTIFIED.

 

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

 

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

 

SECTION 2.  Article 1, Chapter 21, Title 50 of the S.C. Code is amended by adding:

 

    Section 50-21-118. (A)(1) A 911 dispatcher who receives and a 911 call for emergency assistance must ask the caller whether the accident victim:

           (a) is conscious;

           (b) has a visible head injury;

           (c) can breathe without assistance;

           (d) is able to verbally communicate; and

           (e) sustained injuries while on a body of water.

       (2) If the dispatcher receives an affirmative response that indicates that the incident occurred on a body of water, then he must direct officials with the Department of Natural Resources to respond to the call.

    (B) Each law enforcement agency that responds to a boating accident involving a deceased or unconscious victim must:

       (1) prepare a written incident report;

       (2) secure the accident scene;

       (3) conduct an immediate investigation regarding the incident; and

       (4) if needed, seek the assistance of additional law enforcement agencies.

    (C) Notwithstanding another provision of law to the contrary, the Department of Natural Resources must obtain the assistance of the State Law Enforcement Division when conducting an investigation involving a boating accident that involves a deceased or unconscious victim.

    (D) When conducting an investigation of a boating accident that occurs on a body of water, a breath test must be performed on the driver of the vessel.

    (E) The coroner must report the death of a person as a result of a boating accident to the Department of Natural Resources and the State Law Enforcement Division. If both agencies are unaware of the death, then both agencies must investigate the accident.

    (F) All emergency medical service providers must notify the Department of Natural Resources of any trauma-based boating accident that results in a victim losing consciousness or life.

    (G) The Department of Natural Resources must provide all law enforcement agencies, emergency medical service providers, and first responders the physical address and GPS coordinates for all public boat landings. The department also must identify the boat landings with visible signs facing both directions at their entrances.

    (H) A solicitor shall not determine whether charges should be brought against or present a case against a law enforcement officer employed within his circuit. These cases must be referred to the Attorney General's Office.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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