South Carolina General Assembly
114th Session, 2001-2002

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Bill 3854


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3854
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010329
Primary Sponsor:                  Battle
All Sponsors:                     Battle, Miller, Bingham
Drafted Document Number:          l:\council\bills\gjk\20409sd01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Obstruction of highway by train, railroad 
                                  car, other object; penalties, Railroads, 
                                  Transportation Department


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010410  Co-Sponsor added (Rule 5.2) by Rep.            Bingham
House   20010329  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 58-17-4080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL OBSTRUCTION OF A HIGHWAY BY A TRAIN, RAILROAD CAR, OR OTHER OBJECT AND THE PENALTIES FOR VIOLATION, SO AS TO REVISE THE ELEMENTS AND CONDITIONS OF THIS OFFENSE INCLUDING DELETION OF A REQUIREMENT THAT NOTICE TO REMOVE THE TRAIN OR OBSTRUCTION MUST FIRST BE GIVEN, AND TO FURTHER PROVIDE FOR THE PENALTIES FOR VIOLATION.

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

SECTION    1.    Section 58-17-4080 of the 1976 Code is amended to read:

    "Section 58-17-4080.    If any a person, including any a conductor of any a train of railroad cars or any other agent or servant of any a railroad company, shall obstruct obstructs unnecessarily any a public road or highway by permitting any a railroad car or locomotive to be or remain upon or across any street, public road, or highway for a longer period than five minutes, after notice to remove such cars has been given to the conductor, engineer, agent or other such person in charge of such train or shall permit permits any timber, wood, or other obstruction to remain upon or across any such the street, road, or highway to the hindrance or inconvenience of travelers or any person persons passing along or upon such the street, road, or highway, every such person so offending shall forfeit and pay for every such offense any sum not exceeding twenty nor less than five dollars and he is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars, or imprisoned for not more than thirty days, or both.

    The provisions of this section do not apply to obstruction of a public street, road, or highway by a continuously moving train or caused by circumstances wholly beyond the control of the railroad company, but does not apply to other obstructions, including, but not limited to, those caused by stopped trains and trains engaged in switching, loading, or unloading operations.

    In addition, the person shall be liable for all damages arising to any the highway, to be recovered by an action at the suit of the governing body of the county in which such the offense shall have been was committed or any a person suing therefor, before any a magistrate within the county in which such the offense shall have been was committed or by indictment in the court of general sessions or suit in the court of common pleas. All fines so accruing under the provisions of this section, when collected, shall must be paid over by the magistrate to the county treasurer for the district in which such offense was committed that county. Every twenty-four hours such person, after being notified, shall suffer such obstructions to the hindrance or inconvenience of travelers or any person going along or upon such road or highway to continue shall be deemed the obstruction occurs is an additional offense against the provisions of this section."

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

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