South Carolina General Assembly
114th Session, 2001-2002

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Bill 3450


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


COMMITTEE REPORT

March 6, 2002

    H. 3450

Introduced by Reps. Bingham, Knotts, Lourie, J.E. Smith and Stuart

S. Printed 3/6/02--H.

Read the first time February 1, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (H. 3450) to amend the Code of Laws of South Carolina, 1976, by adding Section 56-5-2925 so as to provide for the offense of misdemeanor death by a vehicle, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking SECTION 1, and inserting:

    / SECTION    1.    The 1976 Code is amended by adding:

    "Section 56-5-2925.    (A)    A person who unintentionally causes the death of another person while violating a state law or local ordinance which applies to the operation or use of a vehicle or to the regulation of traffic, and the violation is the proximate cause of the accident, is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

    (B)    For the purposes of this section, 'state law or ordinance which applies to the operation or use of the vehicle or to the regulation of traffic' does not include the offenses of causing great bodily injury or death by operating a vehicle while under the influence of alcohol, drugs, or the combination of both, or reckless homicide." /

    Amend totals and title to conform.

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE FOR THE OFFENSE OF MISDEMEANOR DEATH BY A VEHICLE, AND TO PROVIDE A PENALTY.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 56-5-2925.    A person is guilty of the offense of misdemeanor death by a vehicle if he unintentionally causes the death of another person while violating a state law or local ordinance which applies to the operation or use of a vehicle or to the regulation of traffic, except causing great bodily injury or death by operating a vehicle while under the influence of alcohol, drugs, or the combination of both, or reckless homicide. A person convicted of misdemeanor death by a vehicle must be imprisoned not more than sixty days."

SECTION    2.    This act takes effect upon approval by the Governor.

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