The bill S. 738 proposes to amend the South Carolina Code of Laws by adding Section 16-5-135, which provides legal protections for motor vehicle operators who unintentionally cause injury or death while fleeing from a mob or riot. Under this new provision, such operators would not be held criminally or civilly liable for the injury or death, provided they had a reasonable belief that fleeing was necessary for their safety and that they exercised due care during the incident.

Additionally, the bill allows individuals who are injured while fleeing from a mob or riot, or the estates of those who die in such circumstances, to pursue civil actions for actual and punitive damages against the rioters and any organizations that contributed to the mob or riot. This legislation aims to clarify the legal standing of drivers in chaotic situations involving mobs or riots, ensuring they are not penalized if they act out of a genuine fear for their safety. The bill will take effect upon approval by the Governor.

Statutes affected:
12/10/2025: 16-5-135
Latest Version: 16-5-135