S 671 Session 112 (1997-1998)
S 0671 General Bill, By Hutto
A BILL 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.
04/17/97 Senate Introduced and read first time SJ-4
04/17/97 Senate Referred to Committee on Transportation SJ-4
A BILL
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.
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