A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-5-135 SO AS TO PROVIDE THAT A MOTOR VEHICLE OPERATOR WHO UNINTENTIONALLY CAUSES INJURY OR DEATH WHILE FLEEING A MOB OR RIOT IS NOT CRIMINALLY OR CIVILLY LIABLE FOR THE INJURY OR DEATH AS LONG AS THE DRIVER USED DUE CARE UNDER THE CIRCUMSTANCES.

 

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

 

SECTION 1.  Chapter 5, Title 16 of the S.C. Code is amended by adding:

 

    Section 16-5-135.  (A) A motor vehicle operator who unintentionally causes injury or death to an individual shall not be criminally or civilly liable for the injury or death, if:

        (1) the injury or death of the individual occurred while the motor vehicle operator was fleeing from a mob or riot under a reasonable belief that fleeing was necessary to protect the motor vehicle operator from serious injury or death; and

        (2) the motor vehicle operator exercised due care under the circumstances at the time of the death or injury.

    (B) In addition to all other remedies available under common or statutory law, a person who is injured fleeing from a mob or riot, or the estate of a person who dies fleeing from a mob or riot, provides the basis for a civil action for actual and punitive damages against individual rioters, including organizations that participated in or financed the event that resulted in the mob or riot that were the proximate cause of the injury or death.

 

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

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