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COMMITTEE AMENDMENT ADOPTED
April 26, 2001
S. 469
S. Printed 4/26/01--S.
Read the first time March 20, 2001.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-5, SO AS TO PROVIDE THAT THE COMMON LAW "YEAR-AND-A-DAY RULE" IS ABROGATED IN THIS STATE; AND TO AMEND SECTION 50-21-115, 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; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE CAUSE RESULT OF AN INJURY.
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 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."
SECTION 2. Section 50-21-115 of the 1976 Code is amended to read:
"Section 50-21-115. When the death of a person ensues within one year 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 shall be 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 shall 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 shall must be prohibited by the court having jurisdiction of such these violations from operating any boat within this State for a period of not more than five years."
SECTION 3. Section 56-5-2910(A) of the 1976 Code is amended to read:
"(A) When the death of a person ensues within one year 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 shall must revoke for five years the driver's license of a person convicted of reckless homicide."
SECTION 4. This act takes effect upon approval by the Governor.
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