H 4677

South Carolina General Assembly
126th Session, 2025-2026
Bill 4677
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 ENACTing THE
"SCHOOL CROSSING GUARD PROTECTION AND CERTIFICATION ACT"; BY AMENDING SECTION
56-5-740, RELATING TO OBEDIENCE TO AUTHORIZED PERSONS DIRECTING TRAFFIC, SO AS
TO PROVIDE THIS SECTION ALSO APPLIES TO CERTIFIED UNIFORMED ADULT SCHOOL
CROSSING GUARDS, TO ESTABLISH A CERTIFIED UNIFORMED ADULT SCHOOL CROSSING GUARD
PROGRAM; BY ADDING Article 49 to Chapter 5, Title 56 SO AS TO PROVIDE THAT IT
IS UNLAWFUL TO ENDANGER OR INJURe A CERTIFIED UNIFORMED ADULT SCHOOL CROSSING
GUARD, AND PROVIDE PENALTIES; AND BY AMENDING SECTION 56-1-720, RELATING TO THE
SYSTEM ESTABLISHED TO ASSIGN POINTS AGAINST A PERSON'S DRIVING RECORD FOR
VARIOUS MOTOR VEHICLE VIOLATIONS, so AS TO PROVIDE ENDANGERMENT OF A CROSSING
GUARD IS A FOUR-POINT VIOLATION.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This act may be cited as the "School Crossing Guard Protection and
Certification Act."
SECTION 2.  The General Assembly finds that:
    (1) school
crossing guards perform critical public safety duties to protect children
traveling to and from school; and
    (2) it is
therefore necessary to:
       (a) authorize a
certified adult school crossing guard program to ensure consistent, lawful
traffic control near schools; and
       (b) establish
enhanced criminal penalties for motorists who endanger or injure crossing
guards while performing their official duties.
SECTION 3.  Section 56-5-740 of the S.C. Code is amended to read:
    Section
56-5-740.  (A) No person shall wilfully fail or refuse to comply with
any lawful order or direction of any police officer, fireman or uniformed adult
school crossing guard invested by law with authority to direct, control or
regulate traffic.
    (B) The term "authorized person" means
any certified uniformed adult school crossing guard who has successfully
completed the certification program administered by the South Carolina Law
Enforcement Division (SLED) pursuant to subsection (C).
    (C) SLED, in coordination with the
Department of Public Safety, shall establish and administer a Certified
Uniformed Adult School Crossing Guard Program to provide standardized training,
certification, and continuing education for school crossing guards. The program
must include:
       (1) a training curriculum covering
traffic control signals, hand communication, emergency procedures, and safety
equipment use;
       (2) background screening requirements;
       (3) the issuance of a distinctive
state-approved uniform and identification badge; and
       (4) renewal and continuing education
standards.
    (D) A certified uniformed adult school
crossing guard acting within a designated school zone during posted school
hours shall have lawful authority to direct, control, or regulate traffic. Motorists
must obey all lawful orders and signals given by a certified uniformed adult
school crossing guard.
    (E) SLED shall maintain a public
registry of certified uniformed adult school crossing guards and coordinate
with school districts and law enforcement agencies to ensure compliance with
this section.
SECTION 4.  Chapter 5, Title 56 of the S.C. Code is amended by
adding:
Article 49
Endangerment or Injury to a Certified Uniformed Adult School
Crossing Guard
    Section
56-5-7500. (A) A person who
knowingly or negligently violates Section 56-5-740 or any other provision of
this chapter in a posted school zone and thereby endangers, strikes, injures,
or causes the death of a certified uniformed adult school crossing guard, while
the guard is performing official duties, is guilty of:
       (1)
endangerment of a crossing guard, a misdemeanor, punishable by a fine of not
less than five hundred dollars nor more than two thousand dollars, mandatory
completion of a driver-education course approved by the Department of Public
Safety, and four points assessed against his driver's license. A person commits
"endangerment of a crossing guard" if the person is operating a motor vehicle
within a posted school zone at anytime a certified uniformed adult school
crossing guard is in the posted school zone and the person:
       (a)
drives through or around the posted school zone in any lane not clearly
designated for use by motor vehicles traveling through or around a posted
school zone; or
       (b)
fails to obey traffic control devices erected for the purpose of controlling
the flow of motor vehicles through the posted school zone for any reason other
than:
  (i)
an emergency;
  (ii)
the avoidance of an obstacle; or
  (iii)
the protection of the health and safety of another person;
       (2)
great bodily injury to a crossing guard, a felony, punishable by imprisonment
for not more than five years, a fine of not less than two thousand dollars nor
more than five thousand dollars, and suspension of his driver's license for one
year. For purposes of this section, "great bodily injury" means bodily injury inflicted
upon a school crossing guard which creates a substantial risk of death, or
which causes serious or permanent disfigurement, or protracted loss or
impairment of the function of any bodily member or organ; or
       (3)
death of a crossing guard, a felony, punishable by imprisonment for not more
than fifteen years, a fine of not less than five thousand dollars nor more than
ten thousand dollars, and revocation of a person's driver's license for two
years when death results as a proximate cause of the driver's actions.
    (B)
Any violation occurring while the driver is:
       (1)
operating a motor vehicle in violation of the "South Carolina Hands-Free and
Distracted Driving Act"; or
       (2)
exceeding the posted school-zone speed limit by more than ten miles per hour,
constitutes an aggravating
factor and increases the applicable fine by fifty percent.
    (C)
If, at the time of the violation, the driver is under the influence of alcohol,
drugs, or any other impairing substance, or is engaged in the commission of any
other criminal offense, the violation shall be deemed an aggravated offense.
Upon conviction, the court shall impose the maximum penalties prescribed under
this section, including:
       (1)
mandatory minimum imprisonment of not less than one year for great bodily
injury;
       (2)
mandatory minimum imprisonment of not less than five years for death; and
       (3)
mandatory driver's license revocation for a period of not less than three
years.
    (D)
The court shall order restitution to the injured crossing guard or, if
deceased, to the guard's estate or family, and may require the offender to
perform community service related to school zone or traffic-safety awareness.
    (E)
The Department of Public Safety, in coordination with the Department of
Transportation, shall install warning signage in each marked school zone
reading:
"STOP FOR SCHOOL CROSSING
GUARDS-ENHANCED PENALTIES FOR VIOLATIONS (SC Code Section 56-5-7500).
    (F) The
Department of Public Safety shall collect and publish annually data on
incidents involving certified crossing guards, including injuries, fatalities,
and prosecutions under this section.
    (G) The
Department of Public Safety shall collect and publish annually data regarding
incidents involving certified crossing guards, including injuries, fatalities,
and prosecutions under this section.
SECTION 5.  Section 56-1-720 of the S.C. Code is amended to read:
    Section
56-1-720.  There is established a point system for
the evaluation of the operating record of persons to whom a license to operate
motor vehicles has been granted and for the determination of the continuing
qualifications of these persons for the privileges granted by the license to
operate motor vehicles.  The system shall have as its basic element a graduated
scale of points assigning relative values to the various violations in
accordance with the following schedule:
VIOLATION  POINTS
Reckless driving  6
Passing stopped school
bus  6
Hit and run, property
damages only  6
Driving too fast for
conditions, or speeding:
    (1)
No more than 10 m.p.h. above the posted limits  2
    (2)
More than 10 m.p.h. but less than 25
  m.p.h. above
the posted limits  4
    (3)
25 m.p.h. or above the posted limits  6
Disobedience of any
official traffic control device  4
Disobedience to officer
directing traffic  4
Failing to yield right of
way  4
Driving on wrong side of
road  4
Passing unlawfully  4
Turning unlawfully  4
Driving through or within
safety zone  4
Shifting lanes without
safety precaution  2
Improper dangerous
parking  2
Following too closely  4
Failing to dim lights  2
Operating with improper
lights  2
Operating with improper
brakes  4
Distracted driving
(second or subsequent offense)  2
Operating a vehicle in
unsafe condition  2
Driving in improper lane  2
Improper backing  2
Endangerment of a highway
worker, no injury  2
Endangerment of a highway
worker, injury results  4
Endangerment of a crossing guard  4
SECTION 6.  This act takes effect July 1, 2026.
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This web page was last updated on December 17, 2025 at 01:28 PM