Bill
H 3173
Creates a specific penalty under SC law when a driver who fails to yield to pedestrians or traffic causes great bodily injury or death.
Status snapshot
- Bill number: H 3173
- Title: Failure to yield right-of-way
- Jurisdiction / Code cited: South Carolina (proposes adding S.C. Code §56‑5‑3255)
- Prefiled: 12/05/2024; Introduced/read first time: 01/14/2025
- Sponsors added: Bernstein, Willis, M.M. Smith, Davis, Holman, B.L. Cox, Calhoon (dates 01/29–02/13/2025)
- Committee activity / hearings: Referred to Committee on Judiciary (01/14/2025). Subsequent entries list referral to Revenue (02/27/2025) and hearings scheduled/rescheduled for 11/18/2025.
- Effective date: On approval by the Governor
Note on source material
- The provided packet includes an unrelated Massachusetts bill text (House Docket No. 426 concerning taxation of overtime wages). The operative language described below is the South Carolina amendment adding §56‑5‑3255; the Massachusetts text appears to be an insertion from another bill and is not part of the S.C. proposal.
Purpose and intent
- To create a specific statutory penalty when a driver fails to yield the right-of-way (to pedestrians or other traffic) and, as a result, causes great bodily injury or death to a person. The bill aims to codify criminal or statutory consequences tied to failure-to-yield conduct that results in severe outcomes.
Key provisions
- Adds S.C. Code §56‑5‑3255 with two subsections:
- (A) States that a driver approaching any of the following who fails to yield the right-of-way to any pedestrian and all other traffic — and thereby causes great bodily injury or death — “must be punished pursuant to the provisions contained in Section 56‑5‑6190.”
- Situations listed: (1) a sidewalk; (2) a crosswalk; (3) entering an intersection.
- (B) Defines “great bodily injury” as bodily injury that creates a substantial risk of death, or causes serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ.
- Effective immediately upon the Governor’s approval.
Who would be affected
- Motor vehicle drivers: increased statutory exposure where failure to yield in specified contexts causes severe injury or death.
- Pedestrians and other road users: the law targets conduct that endangers them and may increase prosecutorial avenues and deterrence.
- Law enforcement and prosecutors: creates a discrete statutory citation tied to §56‑5‑6190 (investigations, charging decisions, and case dispositions will reference the penalty provision recited).
- Insurers and civil litigants: criminal liability may affect related civil and insurance claims, sentencing, and damages indirectly.
Practical implications and considerations
- The bill links offense and penalty to an existing statutory penalty provision (§56‑5‑6190). To understand the exact criminal classification and possible fines or imprisonment, consult §56‑5‑6190 in the S.C. Code — this bill does not restate numerical penalties itself.
- By defining “great bodily injury,” the bill narrows application to serious physical harms (not merely minor injury or property damage).
- Implementation will rely on enforcement practices (how officers document failure to yield causation) and prosecutorial willingness to pursue the referenced penalty.
Procedural/timeline notes
- Introduced and moved to committee in early 2025; multiple sponsor additions followed. Committee hearings were scheduled for 11/18/2025 per the tracking entries. The bill takes effect upon the Governor’s signature if enacted.
For further review
- Read the full proposed §56‑5‑3255 text and consult S.C. Code §56‑5‑6190 to determine the exact sanctions the bill invokes.
Compiled from official sources — confirm details with the bill’s official record.
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