Bill Text: SC S0251 | 2011-2012 | 119th General Assembly | Introduced


Bill Title: Accident causing death

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-09 - Referred to Subcommittee: Hutto (ch), Rose, Shoopman [S0251 Detail]

Download: South_Carolina-2011-S0251-Introduced.html


A BILL

TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2960 TO PROVIDE THAT AN ARRESTING OFFICER MUST DIRECT AND A DRIVER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT THAT CAUSES THE DEATH OF ANOTHER PERSON TO SUBMIT TO CHEMICAL TESTS OF THE DRIVER'S BREATH, BLOOD, OR URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, OR THE COMBINATION OF BOTH, FOR AN OFFENSE ARISING OUT OF ACTS ALLEGED TO HAVE BEEN COMMITTED WHILE THE PERSON WAS DRIVING THE MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR BOTH.

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 56-5-2960.    Notwithstanding another provision of law, an arresting officer must direct and a driver of a motor vehicle involved in an accident that causes the death of another person to submit to chemical tests of the driver's breath, blood, or urine for the purpose of determining the presence of alcohol or drugs, or the combination of both, for an offense arising out of acts alleged to have been committed while the person was driving the motor vehicle under the influence of alcohol, drugs, or both."

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

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