South Carolina H 4784: Omnibus Insurance Fraud and Reporting Immunity Act revisions

Bill Text

2025-2026 Bill 4784 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4784

Indicates Matter Stricken
Indicates New Matter

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A bill

TO 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.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 55, Title 38 of the S.C. Code is 
amended by adding:

 Section 
38-55-171. (A)(1)(a) A person shall 
be guilty of a felony known as "staging a motor vehicle collision" when such 
person, with intent to defraud:

 (i) 
causes, attempts to cause, or in any way participates in a motor vehicle 
collision, or any other motor vehicle accident, for the purpose of presenting 
any false or fraudulent claim or to obtain anything of value;

 (ii) 
provides information in connection with a motor vehicle collision, knowing that 
the collision was intentionally caused, for the purpose of presenting any false 
or fraudulent claim or to obtain anything of value;

 (iii) 
provides false information in connection with a motor vehicle collision that 
did not occur for the purpose of presenting any false or fraudulent claim or to 
obtain anything of value; or

 (iv) 
attempts, assists, abets, solicits, or conspires with another to commit any of 
the actions described in this item.

 (b) 
A person who is convicted of violating the provisions of item (1) is subject to 
the following penalties:

 (i) 
for a first offense, by imprisonment for not more than ten years, fined not 
more than ten thousand dollars, or both;

 (ii) 
for a second offense, by mandatory imprisonment for not less than two years nor 
more than ten years and a mandatory ten thousand dollars;

 (iii) 
for a third or subsequent offense, by mandatory imprisonment for not less than 
five years nor more than fifteen years and a mandatory fine of fifteen thousand 
dollars.

 (2) 
No portion of the mandatory minimum sentence described in item (1) may be 
suspended. However, any remaining portion of imprisonment may be suspended upon 
the service of probation, payment of fines, payment of restitution, and any 
other spec