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S. 1040

STATUS INFORMATION

General Bill
Sponsors: Senators Massey, Ryberg and Bryant
Document Path: l:\s-res\asm\002seat.dag.doc

Introduced in the Senate on January 30, 2008
Currently residing in the Senate Committee on Judiciary

Summary: Seat belt

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/30/2008  Senate  Introduced and read first time SJ-6
   1/30/2008  Senate  Referred to Committee on Judiciary SJ-6
    2/5/2008  Senate  Referred to Subcommittee: Hutto (ch), Jackson, Knotts, 
                        Massey

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/30/2008

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.

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