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Bill 4384

                    Current Status

Bill Number:                      4384
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020108
Primary Sponsor:                  Knotts
All Sponsors:                     Knotts, Taylor, Altman, Barfield
Drafted Document Number:          l:\council\bills\nbd\11010ac02.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Medical emergency, to prohibit delay of 
                                  physician en route to for traffic violation


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020115  Co-Sponsor added (Rule 5.2) by Rep.            Barfield
House   20020108  Introduced, read first time,           25 HJ
                  referred to Committee
House   20011205  Prefiled, referred to Committee        25 HJ


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-770 SO AS TO PROHIBIT THE DELAY OR DETAINMENT OF A LICENSED PHYSICIAN EN ROUTE TO A MEDICAL EMERGENCY FOR A TRAFFIC VIOLATION WHERE THERE IS NO PROPERTY DAMAGE OR PERSONAL INJURY, TO CREATE A MISDEMEANOR FOR FALSELY ASSERTING THIS PRIVILEGE, AND TO DEFINE "MEDICAL EMERGENCY".

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 56-5-770.    (A)    Notwithstanding any other provision of law, a licensed physician who is en route to a medical emergency may not be delayed or detained for a traffic violation if the violation does not involve property damage or personal injury to another. However, this subsection does not excuse or exempt the licensed physician from being charged and prosecuted for such a violation.

    (B)    A person who falsely asserts the provisions of subsection (A) in connection with a traffic violation is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars, which fine is in addition to any other fine for the traffic violation.

    (C)    For purposes of this section, 'medical emergency' means a circumstance under which a licensed physician has been summoned to conduct a procedure or evaluation where time is of the essence."

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

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