South Carolina General Assembly
109th Session, 1991-1992

Bill 4168

Indicates Matter Stricken
Indicates New Matter 

                    Current Status

Introducing Body:               House
Bill Number:                    4168
Primary Sponsor:                Wright
Committee Number:               25
Type of Legislation:            GB
Subject:                        County, municipal governments;
                                liability of
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       DKA/3498.AL
Introduced Date:                Jan 15, 1992
Last History Body:              House
Last History Date:              Jan 15, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Wright
Type of Legislation:            General Bill
History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4168  House   Jan 15, 1992  Introduced, read first time,    25
                             referred to Committee
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-690 SO AS TO LIMIT THE LIABILITY OF COUNTY AND MUNICIPAL GOVERNMENTS AND TO PROVIDE EXCEPTIONS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 15-3-690. (A) As used in this section `community service' means services, work, or similar acts ordered by a court of competent jurisdiction to be performed by an offender as part of a sentence, penalty, or other disposition imposed for the violation of a statute or ordinance.

(B) Notwithstanding any provisions of law to the contrary:

(1) A county or municipality is not liable in any civil action for damages to an offender or another person arising out of and in the course of the performance of community service.

(2) A county or municipality is not subject to laws governing the provision of labor, workers' compensation, conditions of employment, or insurance with respect to an offender performing community service.

(C) This section must not be construed to grant immunity if the damages suffered by an offender or another person were caused by a wilful, wanton, or grossly negligent act of commission or omission by a county or municipality.

(D) This section does not grant immunity to a county or municipality for damages resulting from the negligent operation of a motor vehicle."

SECTION 2. This act takes effect upon approval by the Governor.

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