Current Status Bill Number:3899 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950329 Primary Sponsor:Tucker All Sponsors:Tucker Drafted Document Number:DKA\3852CM.95 Companion Bill Number:608 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Traffic collision investigations
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19950329 Introduced, read first time, 21 HEPW referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 56-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT AGENCY MOTOR VEHICLE OR MOTORCYCLE, SO AS TO PROVIDE THAT INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT MOTOR VEHICLE OR MOTORCYCLE MUST BE INVESTIGATED BY ANOTHER AGENCY WHEN INJURY OR DEATH OCCURS OR INVOLVES A PRIVATELY-OWNED MOTOR VEHICLE OR MOTORCYCLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-765 of the 1976 Code, as added by Act 439 of 1994, is amended to read:
"Section 56-5-765. (A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle operated by the South Carolina Department of Public Safety, is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the State Highway Patrol shall investigate the collision and file a report with findings on whether the agency motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.
(B) When a motor vehicle or motorcycle of the Department of Public Safety is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred shall investigate the collision, regardless of whether the collision occurred within an incorporated jurisdiction, and file a report with findings on whether the department's motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.
(C) A law enforcement department or agency may not investigate collisions in which a motor vehicle or an employee of that department or agency is involved that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved."
SECTION 2. This act takes effect upon approval by the Governor.