S 738

South Carolina General Assembly
126th Session, 2025-2026
Bill 738
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
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.
----XX----
This web page was last updated on December 10, 2025 at 02:33 PM