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.)


RECALLED

May 29, 2002

    H. 3450

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

S. Printed 5/29/02--S.

Read the first time April 9, 2002.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Judicial Department

    The department indicates there will not be a fiscal impact on the General Fund of the State or on federal and/or other funds.

State Law Enforcement Division (SLED)

    The SLED states this bill would have a minimal impact on the General Fund of the State. Under existing legislation testing is done in the in the majority of instances where law enforcement officers have reason to believe alcohol or drugs, or both may have contributed to a traffic accident resulting in serious bodily injury or death. Any increase in cases would be minimal and could be absorbed within existing resources.

Department of Public Safety (DPS)

    The DPS states this bill would have no impact on the General Fund of the State as chemical tests are currently performed by the State Law Enforcement Division.

LOCAL GOVERNMENT IMPACT:

    All of the local governments surveyed responded that passage of this bill will have a minimal or no fiscal impact on their locality.

    Approved By:

    Don Addy

    Office of State Budget

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)    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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