South Carolina S 208: Felony reckless driving

Bill Text

2025-2026 Bill 208 Text of Previous Version (Jan. 28, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 208

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 56-5-2910, RELATING TO RECKLESS VEHICULAR HOMICIDE, SO AS TO PROVIDE 
PENALTIES FOR RECKLESS VEHICULAR HOMICIDE, AND TO PROVIDE THAT A PERSON MAY 
PETITION THE CIRCUIT COURT IN THE COUNTY OF THE PERSON'S CONVICTION FOR 
REINSTATEMENT OF HIS DRIVER'S LICENSE AFTER ONE YEAR FROM THE DATE OF 
REVOCATION OF HIS LICENSE; AND BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE FOR 
THE OFFENSE OF FELONY RECKLESS DRIVING, TO PROVIDE PENALTIES, TO PROVIDE A 
PROCEDURE FOR DRIVER'S LICENSE REINSTATEMENT FOR A PERSON CONVICTED OF FELONY 
RECKLESS DRIVING, AND TO PROVIDE THAT A SUBSEQUENT MOVING VIOLATION REQUIRES 
THE AUTOMATIC CANCELLATION OF ANY REINSTATED DRIVER'S LICENSE AND IMPOSITION OF 
THE FULL PERIOD OF REVOCATION FOR THE FELONY RECKLESS DRIVING VIOLATION; AND TO 
DEFINE NECESSARY TERMS.

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

SECTION 1. Section 56-5-2910 of the S.C. Code is amended to read:

 Section 
56-5-2910. (A) When the death of a 
person ensues within 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 vehicular homicide. A person 
who is convicted of, pleads guilty to, or pleads nolo contendere to reckless 
vehicular homicide is guilty of a felony, and must be fined not less than onefive thousand dollars nor 
more than fivefifteen 
thousand dollars or imprisoned not more than tenfifteen years, or both. The Department of Motor Vehicles 
shall revoke for five years the driver's license of a person convicted of 
reckless vehicular homicide.

 (B)(1) After one year from the date of revocation, the person 
may petition the circuit court in the county of the person's residence conviction for 
reinstatement of the person's driver's license. The person shall serve a copy 
of the petition upon the solicitor of the county. The solicitor shall notify 
the representative of the victim of the reckless vehicular homicide, pursuant to Article 15, Chapter 3, Title 16, of the 
person's intent to seek reinstatement of the person's driver's license. The 
solicitor or his designee within thirty days may respond to the petition and 
demand a hearing on the merits of the petition. If the solicitor or his 
designee does not demand a hearing, then the 
circuit court shall consider any affidavit submitted by the petitioner and the 
solicitor or his designee when determining whether the conditions required for 
driving privilege reinstatement have been met by the petitioner. The court may 
order the reinstatement of the person's driver's license upon the following 
conditions:

 (1)(a) intoxicating alcohol, beer, wine, drugs, or narcotics 
were not involved in the vehicular accident which resulted in the reckless 
homicide conviction or plea;

 (2)(b) the petitioner has served the term of imprisonment or 
paid the fine, assessment, and restitution in full, or both; and

 (3)(c) the person's overall driving record, attitude, habits, 
character, and driving ability would make it safe to reinstate the privilege of 
operating a motor vehicle.

 (2) The circuit court may order 
the reinstatement of the driver's license before the completion of the full 
five-year revocation period, or the judge may order the granting of a route 
restricted license for the remainder of the five-year period to allow the 
person to drive to and from employment or school, or the judge may place other 
restrictions on the driver's license reinstatement. The order of the judge must 
be transmitted to the Department of Motor Vehicles within ten days.

 (C) 
If the person's privilege to operate a motor vehicle is reinstated, then a subsequent violation of the motor vehicle laws for 
any moving violation requires the automatic cancellation of the person's 
driver's license and imposition of the full period of revocation for the 
reckless vehicular homicide violation.

SECTION 2. Article 23, Chapter 5, Title 56 of the S.C. Code is 
amended by adding:

 Section 
56-5-2925. (A) As used in this 
section, "great bodily injury" means bodily injury that creates a substantial 
risk of death or that causes serious, permanent disfigurement or the protracted 
loss or impairment of the function of any bodily member or organ.

 (B) A 
person is guilty of the offense of felony reckless driving if he causes great 
bodily injury to a person other than himself while driving a motor vehicle in 
reckless disregard of the safety of others. A person who is convicted of, 
pleads guilty to, or pleads nolo contendere to felony reckless driving mus