Rep. TALLON proposes the following Amendment No. 4 to S. 263 (COUNCIL\SWB\5392CM12):

Reference is to Printer's Date 5/30/12-H.

Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:

/ SECTION      __.      Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:

     "Section 56-5-2905.      For purposes of this article, 'motor vehicle' is defined as a vehicle that is self-propelled, including mopeds, golf carts, and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails."

SECTION      __.      Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:

     "Section 56-5-2937.      (A)      Notwithstanding any other provision of law, a person convicted of violating Section 56-5-2930, Section 56-5-2933, or Section 56-5-2945 while operating a moped must be punished as follows:
           (1)      for a first offense, by a fine of not more than five hundred dollars or imprisonment of not more than thirty days;
           (2)      for a second offense, by imprisonment of not less than five days, but not more than one year; or
           (3)      For a third or subsequent offense, by imprisonment of five years.
     (B)      A conviction for a violation of Section 56-5-2930, Section 56-5-2933, or Section 56-5-2945 may be used for enhancement purposes under this section." /

Renumber sections to conform.
Amend title to conform.