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Indicates Matter Stricken
Indicates New Matter
S. 577
STATUS INFORMATION
General Bill
Sponsors: Senator Massey
Document Path: l:\council\bills\swb\5124cm11.docx
Introduced in the Senate on February 16, 2011
Currently residing in the Senate Committee on Judiciary
Summary: Safety belt violation admissible in civil court
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/16/2011 Senate Introduced and read first time (Senate Journal-page 6)
2/16/2011 Senate Referred to Committee on Judiciary
(Senate Journal-page 6)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 56-5-6540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO PROVIDE THAT A VIOLATION OF ANY SAFETY BELT PROVISION IS ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION TO ESTABLISH COMPARATIVE NEGLIGENCE UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-6540(C) of the 1976 Code, as last amended by Act 147 of 2005, is further amended to read:
"(C) A violation of this article is shall not be considered negligence per se or contributory negligence, and is not admissible as evidence in a civil action. A violation of this article is admissible as evidence in a civil action to establish comparative negligence, if the party presenting the evidence also presents testimony from a qualified expert witness, in accordance with the South Carolina Rules of Civil Procedure, that the use of a safety belt, more likely than not, would have prevented or reduced the injury."
SECTION 2. This act takes effect upon approval by the Governor.
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