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Current Status Bill Number:View additional legislative information at the LPITS web site.469 Ratification Number:105 Act Number:97 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010320 Primary Sponsor:Martin All Sponsors:Martin, Fair and McConnell Drafted Document Number:l:\s-jud\bills\martin\jud0045.lam.doc Date Bill Passed both Bodies:20010530 Date of Last Amendment:20010426 Governor's Action:S Date of Governor's Action:20010831 Subject:Evidence in homicide prosecutions, "year-and-a-day rule" abrogated; Courts, Crimes, Watercraft, Motor Vehicle operation History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20010918 Act No. A97 ------ 20010831 Signed by Governor ------ 20010605 Ratified R105 House 20010530 Read third time, enrolled for ratification House 20010529 Read second time ------ 20010524 Scrivener's error corrected House 20010523 Committee report: Favorable 25 HJ House 20010501 Introduced, read first time, 25 HJ referred to Committee Senate 20010427 Read third time, sent to House Senate 20010426 Read second time, unanimous consent for third reading on Friday, 20010427 Senate 20010426 Committee amendment adopted Senate 20010425 Committee report: Favorable with 11 SJ amendment Senate 20010320 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on April 25, 2001 - Word format Revised on April 26, 2001 - Word format Revised on May 23, 2001 - Word format Revised on May 24, 2001 - Word format
(A97, R105, S469)
AN ACT TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-5 SO AS TO ABROGATE THE COMMON LAW "YEAR-AND-A-DAY RULE" IN THIS STATE AND PROVIDE THAT A PERSON CAUSING BODILY INJURY RESULTING IN DEATH IS NOT CRIMINALLY RESPONSIBLE AND MUST NOT BE PROSECUTED FOR HOMICIDE IF THREE YEARS INTERVENE BETWEEN THE INJURY AND THE DEATH OF THE VICTIM; TO AMEND SECTION 50-21-115, AS AMENDED, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE RESULT OF AN INJURY AND PROVIDE THAT A PERSON CAUSING BODILY INJURY RESULTING IN DEATH BY OPERATION OF A BOAT IS NOT CRIMINALLY RESPONSIBLE AND MUST NOT BE PROSECUTED FOR RECKLESS HOMICIDE IF THREE YEARS INTERVENE BETWEEN THE INJURY AND THE DEATH OF THE VICTIM; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE BY DRIVING A VEHICLE, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE RESULT OF AN INJURY AND PROVIDE THAT A PERSON CAUSING BODILY INJURY BY DRIVING A VEHICLE RESULTING IN DEATH IS NOT CRIMINALLY RESPONSIBLE AND MUST NOT BE PROSECUTED FOR RECKLESS HOMICIDE IF THREE YEARS INTERVENE BETWEEN THE INJURY AND THE DEATH OF THE VICTIM.
Be it enacted by the General Assembly of the State of South Carolina:
Person causing injury in death not to be prosecuted
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-5. A person who causes bodily injury which results in the death of the victim is not criminally responsible for the victim's death and must not be prosecuted for a homicide offense if at least three years intervene between the injury and the death of the victim."
Person operating boat in reckless disregard of safety of others is guilty of reckless homicide
SECTION 2. Section 50-21-115 of the 1976 Code, as last amended by Act 124 of 1999, is further amended to read:
"Section 50-21-115. When the death of a person ensues within three years as a proximate result of injury received by the operation of a boat in reckless disregard of the safety of others, the person operating the boat is guilty of reckless homicide. A person convicted of reckless homicide or a person who enters a plea of guilty of reckless homicide and receives sentence thereon must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for not more than ten years, or both. A person convicted of reckless homicide, involuntary manslaughter, manslaughter, or murder in the operation of a boat must be prohibited by the court having jurisdiction of these violations from operating any boat within this State for a period of not more than five years."
Person driving vehicle in reckless disregard of safety of others is guilty of reckless homicide
SECTION 3. Section 56-5-2910(A) of the 1976 Code, as last amended by Act 379 of 1998, is further 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 homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless 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 years, or both. The department must revoke for five years the driver's license of a person convicted of reckless homicide."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2001.
Approved the 31st day of August, 2001.
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