South Carolina General Assembly
125th Session, 2023-2024

Download This Bill in Microsoft Word Format

Indicates Matter Stricken
Indicates New Matter

H. 4593

STATUS INFORMATION

General Bill
Sponsors: Reps. Taylor, West, B.J. Cox, T.A. Morgan and A.M. Morgan
Document Path: LC-0268HDB24.docx

Introduced in the House on January 9, 2024
Currently residing in the House

Summary: Driving in passing lane

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
11/16/2023 House Prefiled
11/16/2023 House Referred to Committee on Education and Public Works
1/9/2024 House Introduced and read first time (House Journal-page 93)
1/9/2024 House Referred to Committee on Education and Public Works (House Journal-page 93)
1/9/2024 House Member(s) request name added as sponsor: West
1/31/2024 House Member(s) request name added as sponsor: B.J. Cox, T.A. Morgan, A.M. Morgan

View the latest legislative information at the website

VERSIONS OF THIS BILL

11/16/2023



 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-1885, RELATING TO OVERTAKING AND PASSING ANOTHER VEHICLE IN THE FARTHEST LEFT-HAND LANE OF A CONTROLLED ACCESS HIGHWAY, SO AS TO ESTABLISH CRIMINAL PENALTIES FOR VIOLATIONS OF THIS SEcTION, AS WELL AS THE ASSESSMENT OF POINTS AGAINST A PERSON'S MOTOR VEHICLE DRIVING RECORD.

 

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

 

SECTION 1.  Section 56-5-1885(E) of the S.C. Code is amended to read:

 

    (E)(1) A person who is adjudicated to be in violation ofviolates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than twenty-fivetwo hundred dollars or imprisoned for not more than thirty days, no part of which may be suspended.  No court costs, assessments, or surcharges may be assessed against a person who violates a provision of this section.  A custodial arrest for a violation of this section must not be made, except upon a warrant issued for a failure to appear in court when summoned or for a failure to pay an imposed fine.  A violation of this section does not constitute a criminal offense. Notwithstanding Section 56-1-640, a violation of this section must not be:

           (a) included in the offender's motor vehicle records maintained by the Department of Motor Vehicles;

           (b) included in the criminal records maintained by SLED;  or

           (c) reported to the offender's motor vehicle insurer.

       (2) A violation of person who violates the provisions of this section must have two points assessed against his motor vehicle driving record pursuant to Section 56-1-720is not negligence per se, or contributory negligence, and is not admissible as evidence in a civil action.

       (3) A law enforcement officer must not search, and may not request consent to search, a vehicle, or the driver or occupant of the vehicle, solely because of a violation of this section.

       (4) A person charged with a violation of this section may admit or deny the violation, enter a plea of nolo contendere, or be tried before either a judge or a jury.  If the trier of fact is convinced beyond a reasonable doubt that the person violated the provisions of this section, then the penalty is a civil fine pursuant to item (1) of this subsection.  If the trier of fact determines that the State has failed to prove beyond a reasonable doubt that the person violated the provisions of this section, then no penalty shall be assessed.

       (5) A person found to be in violation of this section may bring an appeal to the court of common pleas.

 

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

----XX----

This web page was last updated on January 9, 2024 at 4:38 PM