summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
126th General Assembly
Bill Summary
Amend The South Carolina Code Of Laws By Adding Section 38-55-171 So As To Create The Felony Criminal Offenses Of Staging A Motor Vehicle Collision And Aggravated Staging A Motor Vehicle Collision, And To Provide Penalties; By Amending Section 38-55-520, Relating To The Purpose Of The Omnibus Insurance Fraud And Reporting Immunity Act, So As To Designate The Division Previously Established To Prosecute And Investigate Fraud In The Office Of The Attorney General As Being In The Department Of Insurance; By Amending Section 38-55-530, Relating To Definitions In The Omnibus Insurance Fraud And Reporting Immunity Act, So As To Revise Definitions; By Amending Section 38-55-540, Relating To Criminal Penalties In The Omnibus Insurance Fraud And Reporting Immunity Act, So As To Include Attempts To Receive Certain Economic Advantages Or Benefits; By Amending Section 38-55-550, Relating To Civil Penalties In The Omnibus Insurance Fraud And Reporting Immunity Act, So As To Add A Statute For Which Violations Will Be Subject To The Civil Penalties, And To Make Various Technical And Conforming Changes; By Amending Section 38-55-560, Relating To The Establishment Of The Insurance Fraud Division And Provide The Powers, Duties, And Functions Of The Division And Related State Agencies, So As To Transfer The Division From The Office Of The Attorney General To The Department Of Insurance, And To Revise The Powers, Duties, And Functions Of The Division And Related Agencies; By Amending Section 38-55-570, Relating To Notification To The Division Of Certain Fraudulent Conduct, So As To Make Conforming Changes To Reflect The Transfer Of The Insurance Fraud Division Of The Office Of The Attorney General To The Department Of Insurance, And To Remove An Exception To A Discovery Provision, Among Other Things; By Amending Section 38-55-590, Relating To The Annual Report By The Director Of The Insurance Fraud Division In The Office Of The Attorney General To The General Assembly, So As To Make Conforming Changes To Reflect The Transfer Of The Insurance Fraud Division Of The Office Of The Attorney General To The Department Of Insurance; By Amending Section 17-25-45, Relating To Life Sentences For Persons Convicted Of Certain Crimes, So As To Add And Revise Certain Insurance-related Crimes; By Amending Section 42-9-440, Relating To Suspected False Statements Or Misrepresentations To Be Reported To The Insurance Fraud Division, So As To Make Conforming Changes To Reflect The Transfer Of The Insurance Fraud Division Of The Office Of The Attorney General To The Department Of Insurance; And By Amending Section 14-7-1630, Relating To Subject Matters Of The State Grand Jury, So As To Include Certain Crimes Involving Insurance Fraud.
AI Summary
This bill creates comprehensive revisions to South Carolina's insurance fraud laws, primarily focusing on establishing specific criminal offenses related to staging motor vehicle collisions and transferring the Insurance Fraud Division from the Office of the Attorney General to the Department of Insurance. The bill introduces two new felony criminal offenses: "staging a motor vehicle collision" and "aggravated staging a motor vehicle collision," with escalating penalties based on the severity of the offense and whether it results in bodily injury or death. Penalties range from fines of up to $10,000 and imprisonment up to ten years for first-time offenders to mandatory imprisonment of two to fifteen years and fines up to $30,000 for offenses resulting in death. The bill also requires mandatory restitution to all victims, including innocent drivers, insurance carriers, and emergency responders. Additionally, the legislation modifies existing definitions of insurance fraud, expands reporting requirements for suspected fraudulent activities, and ensures that the Insurance Fraud Division has the necessary investigative and prosecutorial powers to combat insurance-related criminal activities. The transfer of the Insurance Fraud Division to the Department of Insurance aims to streamline fraud detection and prosecution efforts, with continued cooperation from the State Law Enforcement Division and the Office of the Attorney General.
Committee Categories
Business and Industry
Sponsors (4)
Last Action
Referred to Committee on Labor, Commerce and Industry (on 01/13/2026)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=4784&session=126&summary=B |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/4784_20251217.htm |
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