S 1040 General Bill, By Massey, Ryberg and Bryant
 A BILL TO AMEND SECTION 56-5-6540(C) OF THE 1976 CODE, RELATING TO SAFETY
 BELTS, 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.

   01/30/08  Senate Introduced and read first time SJ-6
   01/30/08  Senate Referred to Committee on Judiciary SJ-6
   02/05/08  Senate Referred to Subcommittee: Hutto (ch), Jackson,
                     Knotts, Massey

TO AMEND SECTION 56-5-6540(C) OF THE 1976 CODE, RELATING TO SAFETY BELTS, 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 is 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.