House Amendment 2
H 4817 - Session 126 (2025-2026)
Insurance Rate Reduction and Policy Holder Protection Act

Reps. PACE and FRANK propose the following amendment (LC-4817.HDB0002H):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION X. Article 3, Chapter 77, Title 38 of the S.C. Code is amended by adding:

 Section 38-77-145. (A) A person who suffers personal injury or death may not recover noneconomic damages if the injury or death occurred while the person was operating a motor vehicle and that person knew that he was not in compliance with the automobile insurance policy requirements pursuant to Section 38-77-140, except as otherwise provided in subsection (B). For purposes of this section only, "noneconomic damages" has the same meaning as in Section 15-32-210(9).
 (B) The prohibition against the recovery of noneconomic damages shall not apply if the person who is liable for the personal injury or wrongful death:
  (1) was driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of alcohol and drugs;
  (2) acted intentionally, recklessly, or with gross negligence;
  (3) fled from the scene of the accident; or
  (4) was acting in furtherance of an offense or in immediate flight from an offense that constitutes a crime for which a sentence of imprisonment for a term of more than one year is authorized.

Renumber sections to conform.

Amend title to conform.