South Carolina Legislature


 

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H 3173
Session 123 (2019-2020) 

H 3173Next  General Bill, By Elliott, Tallon, G.R.Smith, 
Taylor, Cogswell, Dillard, Norrell and Felder
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 56-5-3825 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A MOTOR VEHICLE DRIVER TO
 FAIL TO YIELD TO A VULNERABLE ROAD USER UNDER CERTAIN CIRCUMSTANCES AND
 PROVIDE A PENALTY, TO DEFINE THE TERM "VULNERABLE ROAD USER", AND TO PROVIDE
 THAT NOTHING IN THIS SECTION SHALL PREVENT A PERSON FROM BEING CHARGED WITH
 ANOTHER OFFENSE.
Previous3173Next.htm">View full text 12/18/18 House Prefiled 12/18/18 House Referred to Committee on Education and Public Works 01/08/19 House Introduced and read first time (House Journal-page 116) 01/08/19 House Referred to Committee on Education and Public Works (House Journal-page 116) 01/15/19 House Member(s) request name added as sponsor: Felder


VERSIONS OF THIS BILL

12/18/2018



H. Previous3173

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3825 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A MOTOR VEHICLE DRIVER TO FAIL TO YIELD TO A VULNERABLE ROAD USER UNDER CERTAIN CIRCUMSTANCES AND PROVIDE A PENALTY, TO DEFINE THE TERM "VULNERABLE ROAD USER", AND TO PROVIDE THAT NOTHING IN THIS SECTION SHALL PREVENT A PERSON FROM BEING CHARGED WITH ANOTHER OFFENSE.

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

SECTION    1.        Article 31, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-3825.    (A)    If a motor vehicle driver fails to yield to a vulnerable road user who has the right of way as defined in Section 56-5-580, the driver shall be required to complete successfully the National Safety Council's Defensive Driving Course or its equivalent within six months after the conviction. The course must be taught by an instructor accredited by the National Safety Council pursuant to the procedures for accreditation set forth in the 'Manual of Rules and Procedures' published by the National Safety Council, or an equivalent accreditation procedure.

(B)    The term 'vulnerable road user' means a pedestrian, a person propelling a human-powered vehicle, a bicycle, a wheelchair, an electric personal assistive mobility device, or another assistive device.

(C)    Nothing in this section shall be construed to prevent the application of any other finding of a violation of any other provision of the law, including a conviction of a felony offense."

SECTION    2.        The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.        This act takes effect upon approval by the Governor.

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