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H. 4752
STATUS INFORMATION
General Bill
Sponsors: Rep. W.D. Smith
Document Path: l:\council\bills\bbm\9312cm06.doc
Companion/Similar bill(s): 1284
Introduced in the House on March 7, 2006
Currently residing in the House Committee on Judiciary
Summary: John Tye Heath
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/7/2006 House Introduced and read first time HJ-4
3/7/2006 House Referred to Committee on Judiciary HJ-4
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-3010 AND 56-5-3020 SO AS TO ESTABLISH THE CRIMES OF VEHICULAR HOMICIDE AND VEHICULAR GREAT BODILY INJURY, AND TO PROVIDE PENALTIES FOR BOTH CRIMES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-3010. (A) A person is guilty of vehicular homicide when his unintentional act or negligence proximately causes the death of a person while operating a motor vehicle:
(1) without a valid driver's license;
(2) with a suspended driver's license;
(3) that is uninsured; or
(4) when he has been determined to be a habitual traffic offender.
(B) A person who is convicted of, pleads guilty to, or pleads nolo contendere to vehicular homicide is guilty of a felony and must have his driver's license revoked for two years and is subject to one or more of the following additional penalties:
(1) imprisonment for not more than ten years;
(2) a fine of not more than ten thousand dollars; or
(3) probation or suspension of all or part of the sentence upon the terms and conditions that may be prescribed by the court. The conditions may include, but are not limited to, the restoration of driving privileges during a specific time period if the person does not incur additional motor vehicle violations during that period and if his driving privileges have not been or would not be suspended or revoked."
SECTION 2. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-3020. (A) A person is guilty of vehicular great bodily injury when his unintentional act or negligence proximately causes great bodily injury to another person while operating a motor vehicle:
(1) without a valid driver's license;
(2) with a suspended driver's license;
(3) that is uninsured; or
(4) when he has been determined to be a habitual traffic offender.
(B) A person who is convicted of, pleads guilty to, or pleads nolo contendere to vehicular great bodily harm is guilty of a felony and must have his driver's license revoked for two years and is subject to one or more of the following additional penalties:
(1) imprisonment for not more than five years;
(2) a fine of not more than five thousand dollars; or
(3) probation or suspension of all or part of the sentence upon the terms and conditions that may be prescribed by the court. The conditions may include, but are not limited to, the restoration of driving privileges during a specific time period if the person does not incur additional motor vehicle violations during that period and if his driving privileges have not been or would not be suspended or revoked."
SECTION 3. This act takes effect upon approval by the Governor.
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