South Carolina General Assembly
114th Session, 2001-2002

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Bill 469

Indicates Matter Stricken
Indicates New Matter

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


Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 23, 2001

    S. 469

Introduced by Senators Martin, Fair and McConnell

S. Printed 5/23/01--S.

Read the first time May 1, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (S. 469) 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, etc., respectfully

REPORT:

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

JAMES H. HARRISON for Committee.

            

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:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Corrections

    The Department of Corrections forecasts a minimal fiscal impact with the passage of the proposed legislation, which indicates that some additional costs are expected but can be absorbed.

Department of Public Safety

    The Department of Public Safety has stated there would be no impact on the General Fund of the State nor on federal and/or other funds.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

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.

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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