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S738 • 2026

Unintentional Motor Vehicle Death

Unintentional Motor Vehicle Death

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Senator Kennedy
Last action
2026-01-13
Official status
Referred to Committee on Judiciary ( Senate Journal-page 37 )
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Unintentional Motor Vehicle Death

Unintentional Motor Vehicle Death

What This Bill Does

  • Unintentional Motor Vehicle Death

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-01-13 Senate

    Introduced and read first time ( Senate Journal-page 37 )

  2. 2026-01-13 Senate

    Referred to Committee on Judiciary ( Senate Journal-page 37 )

  3. 2025-12-10 Senate

    Prefiled

  4. 2025-12-10 Senate

    Referred to Committee on Judiciary

Official Summary Text

Unintentional Motor Vehicle Death

Current Bill Text

Read the full stored bill text 
2025-2026 Bill 738: Unintentional Motor Vehicle Death - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
Download
This Bill
in Microsoft Word Format
Indicates Matter Stricken
Indicates New Matter
S. 738
STATUS INFORMATION
General Bill
Sponsors: Senator Kennedy
Document Path: SR-0418KM26.docx
Introduced in the Senate on January 13, 2026
Currently residing in the Senate Committee on
Judiciary
Summary: Unintentional Motor Vehicle Death
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/10/2025

Senate

Prefiled

12/10/2025

Senate

Referred to Committee on
Judiciary

1/13/2026

Senate

Introduced and read first time (
Senate Journal-page 37
)

1/13/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 37
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/10/2025

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.

B
e it enacted by the
General Assembly of the State of South Carolina:

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

S
ection
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.

S
ECTION 2. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 1:09 PM