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AMENDED
April 3, 2002
H. 3450
Introduced by Reps. Bingham, Knotts, Lourie, J.E. Smith, Stuart and Altman
S. Printed 4/3/02--H.
Read the first time February 1, 2001.
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.
Amend Title To Conform
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) 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."
SECTION 2. The 1976 Code is amended by adding:
"Section 56-5-2956. Notwithstanding any other provision of law, when a motor vehicle accident results in the death of a pedestrian or a person who is either a passenger in, or the operator of a motor vehicle involved in an accident, then a chemical test must be administered on all operators of motor vehicles who are involved in the accident and upon the decedent if he was not an operator of a motor vehicle."
SECTION 3. This act takes effect upon approval by the Governor.
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