Current Status Bill Number:671 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970417 Primary Sponsor:Hutto All Sponsors:Hutto Drafted Document Number:res1393.cbh Residing Body:Senate Current Committee:Transportation Committee 15 ST Subject:Motor vehicle traffic accident reports, filing dates provided to show cause why report not to be amended; Transportation
Body Date Action Description Com Leg Involved
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Senate 19970417 Introduced, read first time, 15 ST
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND ARTICLE 9, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC ACCIDENTS AND REPORTS, BY ADDING SECTION 56-5-1345, TO PROVIDE THAT WITHIN THIRTY DAYS OF THE DATE OF THE ACCIDENT OR WITHIN TWENTY DAYS OF THE DISPOSITION OF THE CRIMINAL PROCEEDING, THE OWNER OR OPERATOR OF A VEHICLE IN AN ACCIDENT MAY FILE A RULE TO SHOW CAUSE WHY AN ACCIDENT REPORT SHOULD NOT BE AMENDED TO CORRECT INFORMATION ABOUT THE CAUSE OF THE ACCIDENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 9, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-1345. Within thirty days of the date of the accident or within twenty days of the disposition of the criminal proceeding arising out of the accident, whichever is later, an owner or operator of a motor vehicle involved in the accident may petition a Department of Public Safety hearing officer for a rule to show cause why the accident report written by a law enforcement officer pursuant to Section 56-5-1270 should not be amended to correct information about the cause of the accident. All other owners or operators of a motor vehicle involved in the accident and all persons who were injured in the accident must be given due notice of the hearing and an opportunity to be heard. If just cause is not shown, the department shall issue an order amending the accident report. The officer must forward the amended report to any person or entity to whom the unamended accident report was sent. The decision of the hearing officer is final and may not be appealed. This section must not be construed to affect the limitations on the uses and disclosure of accident reports contained in this article."
SECTION 2. This act takes effect upon approval by the Governor and applies to accidents occurring after the effective date of this act.