View Amendment Current Amendment: JUD0225.001.DOCX to Bill 225     The Committee on Judiciary proposed the following amendment (JUD0225.001):
   
Amend the bill, as and if amended, by striking on page 2, lines 36-43, and on page 3, lines 1-10, and inserting:

/     (D)(1)     A person who violates this section is guilty of a misdemeanor, and, upon conviction, must be fined twenty dollars, pay a twenty-five dollar Trauma Care Fund surcharge, and have one point assessed against the person's motor vehicle operating record, no part of which may be waived, reduced, or suspended, except as provided in subitem (D)(2). The twenty dollar fine is subject to all applicable court costs, assessments, and surcharges, except as provided in subitem (D)(2).
        (2)(a)     For a first offense, instead of the penalty provided in subitem (D)(1), the person may successfully complete a drivers' education program within sixty days of the person's conviction date, which specifically contains, in whole or part, education regarding distracted or inattentive driving.
            (b)     The person shall select a program approved by the Department of Public Safety's Office of Highway Safety. The Office of Highway Safety may approve more than one program, and such programs may be conducted by classroom, computer, or Internet. The Office of Highway Safety shall post information regarding the approved programs on its website.
            (c)     The person shall indicate to the judge at the time of conviction that the person intends to successfully complete a program instead of the penalty. The judge shall instruct the person as to how the person is to comply with the requirements of this subitem. Notwithstanding Section 56-7-30, the court shall retain the records and audit copy of the traffic ticket for the violation until the judge has made a determination as to whether the person has successfully completed the program.
            (d)     The person shall return to the court within sixty days of the conviction date. At that time, the person shall present an original certificate from the program indicating that the person has successfully completed the program. Also, the person shall sign an affidavit provided by the court swearing or affirming that the person has successfully completed the program.
            (e)     If the judge determines that the person has successfully completed the program, the judge shall waive the fine, the Trauma Care Fund surcharge, and all applicable court costs, assessments, and surcharges, except ten dollars that shall be used exclusively by the court to offset the costs associated with administering the person's compliance with this subitem. The court shall remit the records and audit copy of the traffic ticket to the Department of Motor Vehicles within ten days indicating a violation of this section without any points assessed against the person's motor vehicle operating record. The Department of Motor Vehicles shall indicate a violation of this section on the person's motor vehicle operating record without any points assessed.
            (f)     If the judge determines that the person has failed to successfully complete the program, the judge shall impose the fine, the Trauma Care Surcharge, and all other applicable court costs, assessments, and surcharges. The court shall remit the the records and audit copy of the traffic ticket to the Department of Motor Vehicles within ten days indicating a violation of this section with one point assessed against the person's motor vehicle operating record. The Department of Motor Vehicles shall indicate a violation of this section on the person's motor vehicle operating record with one point assessed.
            (g)     A person is not permitted to complete a program instead of the penalty if the person has been convicted of a prior violation of this section. Only those violations that occurred within a period of ten years, including and immediately preceding the date of the last violation, constitute prior violations within the meaning of this subitem.    
        (3)     If the person does not subsequently violate this section within one year from the date of conviction, the Department of Motor Vehicles shall remove the one point assessed against the person's motor vehicle operating record. However, the Department of Motor Vehicles shall not remove an indication of the violation of this section from the person's motor vehicle operating record. For purposes of this section, if the Department of Motor Vehicles has not received a ticket or some other notice from a court one year from the date of conviction indicating that the person has subsequently violated this section, the Department of Motor Vehicles shall remove the one point.
        (4)     The Trauma Care Fund surcharge must be deposited with the city or county treasurer, as applicable, for remittance to the State Treasurer. The State Treasurer shall deposit the Trauma Care Fund surcharge in the South Carolina State Trauma Care Fund to be used by the Department of Health and Environmental Control as established and provided for in Section 44-61-540. The Trauma Care Fund surcharge is not subject to the provisions of Section 44-61-520(G).
        (5)     During the first one hundred and eighty days after this section's effective date, law enforcement officers shall issue only warnings for violations of this section.                 /

Amend the bill further, as and if amended, by striking on page 4, line 13, and inserting:

/ Carrier Safety Regulations.
    (I)     A violation of this section is negligence per se."                 /

    Renumber sections to conform.
    Amend title to conform.