South Carolina General Assembly
115th Session, 2003-2004

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Bill 4649

Indicates Matter Stricken
Indicates New Matter


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

COMMITTEE REPORT

May 12, 2004

H. 4649

Introduced by Rep. Harrison

S. Printed 5/12/04--S.

Read the first time March 9, 2004.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4649) to amend Section 56-5-765, as amended, Code of Laws of South Carolina, 1976, relating to investigations of traffic collisions involving a motor vehicle or motorcycle, 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 all after the enacting words and inserting therein the following:

/    SECTION    1.    Section 56-5-765 of the 1976 Code, as last amended by Act 277 of 2002, is further amended to read:

"Section 56-5-765.    (A)    When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle operated by of the department, is involved in a traffic collision that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the State Highway Patrol shall must investigate the collision and must file a report with findings on whether the agency motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.

(B)    When a motor vehicle or motorcycle of the department is involved in a traffic collision that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred shall must investigate the collision, regardless of whether the collision occurred within an incorporated jurisdiction, and must file a report with findings on whether the department's motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.

(C)    A law enforcement department or agency may must not investigate collisions a traffic collision in which a motor vehicle, a motorcycle, or an employee of that department or agency is involved that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved.

(D)    A law enforcement agency that has primary responsibility for an investigation involving a motor vehicle, a motorcycle, or an employee of another department or agency, but lacks the expertise to conduct a proper investigation, may request assistance from another agency that has the appropriate expertise, as long as the assisting agency or an employee of the assisting agency is not a subject of the investigation. A request made pursuant to this subsection shall result in a joint investigation conducted by both agencies.

(E)    A person who knowingly and wilfully violates the provisions of subsection (C) is subject to punishment as provided for in Section 8-1-80, even if the person's authority extends beyond a single election or judicial district.

(F)    An investigation of a traffic collision involving a motor vehicle, a motorcycle, or an employee of a law enforcement agency or department must include a field investigation to identify possible witnesses, including possible witnesses not involved in the traffic collision, but who may have witnessed the traffic collision from a vantage point other than the collision site.

(G)    For purposes of this section, 'involved in a traffic collision' includes a law enforcement motor vehicle or motorcycle engaged in a pursuit when a traffic collision occurs."

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

Renumber sections to conform.

Amend title to conform.

LARRY A. MARTIN for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Motor Vehicles, Department of Public Safety

The departments indicate there will be no fiscal impact on the General Fund of the State or on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

Nine local governments responding indicated enactment would have no impact or minimal impact on expenditures.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES.

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

SECTION    1.    Section 56-5-765 of the 1976 Code, as last amended by Act 277 of 2002, is further amended by adding at the end:

"(F)    For the purposes of this section, 'involved in a traffic collision' includes any police vehicle involved in a police action when a collision occurs.

(G)    Any investigation that occurs as a result of a collision involving a police vehicle must include a field investigation to identify possible witnesses, including witnesses not involved in the collision itself, but who may have witnessed the collision from an area separate from the collision site."

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

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