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Indicates Matter Stricken
Indicates New Matter
S. 35
STATUS INFORMATION
General Bill
Sponsors: Senators Knotts and Reese
Document Path: l:\council\bills\nbd\11034ac03.doc
Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Transportation
Summary: Physician en route to emergency may not be detained for traffic violation
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 Senate Prefiled 12/4/2002 Senate Referred to Committee on Transportation 1/14/2003 Senate Introduced and read first time SJ-35 1/14/2003 Senate Referred to Committee on Transportation SJ-35
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 SECTION 56-5-770 SO AS TO PROHIBIT THE DELAY OR DETAINMENT OF A LICENSED PHYSICIAN EN ROUTE TO A MEDICAL EMERGENCY FOR A TRAFFIC VIOLATION WHERE THERE IS NO PROPERTY DAMAGE OR PERSONAL INJURY, TO CREATE A MISDEMEANOR FOR FALSELY ASSERTING THIS PRIVILEGE, AND TO DEFINE "MEDICAL EMERGENCY".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-770. (A) Notwithstanding any other provision of law, a licensed physician who is en route to a medical emergency may not be delayed or detained for a traffic violation if the violation does not involve property damage or personal injury to another. However, this subsection does not excuse or exempt the licensed physician from being charged and prosecuted for such a violation.
(B) A person who falsely asserts the provisions of subsection (A) in connection with a traffic violation is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars, which fine is in addition to any other fine for the traffic violation.
(C) For purposes of this section, 'medical emergency' means a circumstance under which a licensed physician has been summoned to conduct a procedure or evaluation where time is of the essence."
SECTION 2. This act takes effect upon approval by the Governor.
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