Reference is to Printer's Date 3/20/14--H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 31, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-3890.
(A) For purposes of this section:
(1)
'Hands-free wireless electronic communication device'
means an electronic device, including, but not limited to, a
telephone, a personal digital assistant, a text messaging
device, or a computer, which allows a person to wirelessly
communicate with another person without holding the device in
either hand by utilizing an internal feature or function of the
device, an attachment, or an additional device. A hands-free
wireless electronic communication device may require the use of
either hand to activate or deactivate an internal feature or
function of the device.
(2)
'Text-based communication' means a communication using
text-based information, including, but not limited to, a text
message, an SMS message, an instant message, or an electronic
mail message.
(3)
'Wireless electronic communication device' means an
electronic device, including, but not limited to, a telephone, a
personal digital assistant, a text messaging device, or a
computer, which allows a person to wirelessly communicate with
another person.
(B) It is unlawful for
a person to use a wireless electronic communication device to
compose, send, or read a text-based communication or to apply
makeup while operating a motor vehicle on the public streets and
highways of this State.
(C) This section does
not apply to a person who is:
(1)
lawfully parked or stopped;
(2)
using a hands-free wireless electronic communication
device;
(3)
summoning emergency assistance;
(4)
transmitting or receiving data as part of a digital
dispatch system;
(5)
a public safety official while in the performance of the
person's official duties; or
(6)
using a global positioning system device or an internal
global positioning system feature or function of a wireless
electronic communication device for the purpose of navigation or
obtaining related traffic and road condition information.
(D)(1) A person who
violates this section is guilty of a misdemeanor, and, upon
conviction:
(a)
for a first offense, must be fined one hundred dollars or
imprisoned for not more than thirty days, or both. In addition,
the person must have two points assessed against the person's
motor vehicle operating record. The fine is subject to all
applicable court costs, assessments, and surcharges, except as
provided in item (2); and
(b)
for a second or subsequent offense within ten years of a
prior offense, must be fined five hundred dollars or imprisoned
for not more than thirty days, or both. In addition, the person
must have four points assessed against the person's motor
vehicle operating record. The fine is subject to all applicable
court costs, assessments, and surcharges.
(2)(a)
For a first offense, in lieu of the penalty provided in
subsection (D)(1)(a), the person may successfully complete a
driver's education program within sixty days of the person's
conviction date, which specifically contains, in whole or in
part, education regarding distracted 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 item. 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 penalty 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 item. 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. An insurance
company shall not increase a person's insurance premium based
solely on a violation of this section, if the person completes a
program in lieu of a penalty.
(f)
If the judge determines that the person has failed to
successfully complete the program, the judge shall impose the
penalty, and all other applicable court costs, assessments, and
surcharges. 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. The Department
of Motor Vehicles shall indicate a violation of this section on
the person's motor vehicle operating record with two points
assessed.
(g)
A person is not permitted to complete a program in lieu of
a 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 subsection.
(3)
During the first one hundred eighty days after this
section's effective date, law enforcement officers shall issue
only warnings for violations of this section.
(E) A law enforcement
officer shall not:
(1)
stop a person for a violation of this section except when
the officer has probable cause that a violation has occurred
based on the officer's clear and unobstructed view of a person
who is using a wireless electronic communication device to
compose, send, or read a text-based communication while
operating a motor vehicle on the public streets and highways of
this State;
(2)
seize or require the forfeiture of a wireless electronic
communication device because of a violation of this section;
(3)
search or request to search a motor vehicle, driver, or
passenger in a motor vehicle, solely because of a violation of
this section; or
(4)
make a custodial arrest for a violation of this section,
except upon a warrant issued for failure to appear in court when
summoned or for failure to pay an imposed fine.
(F) The Department of
Public Safety shall maintain statistical information regarding
citations issued pursuant to this section.
(G) This section
preempts local ordinances, regulations, and resolutions adopted
by municipalities, counties, and other local government entities
regarding persons using wireless electronic communication
devices or applying makeup while operating motor vehicles on the
public streets and highways of this State."
SECTION 2. Section 56-1-720 of the 1976 Code is amended to read:
"Section 56-1-720.
There is established a point system for the evaluation of
the operating record of persons to whom a license to operate
motor vehicles has been granted and for the determination of the
continuing qualifications of these persons for the privileges
granted by the license to operate motor vehicles. The system
shall have as its basic element a graduated scale of points
assigning relative values to the various violations in
accordance with the following schedule:
VIOLATION
POINTS
Reckless driving
6
Passing stopped school bus
6
Hit-and-run, property damages only
6
Driving too fast for conditions,
or speeding:
(1)
No more than 10 m.p.h.
above the posted
limits 2
(2)
More than 10 m.p.h. but less
25 than m.p.h. above
the
posted limits
2
(3)
25 m.p.h. or above the
posted limits
6
Disobedience of any
official
traffic control device
4
Disobedience to officer
directing traffic
4
Failing to yield right of way
4
Driving on wrong side of road
4
Passing unlawfully
4
Turning unlawfully
4
Driving through or within safety zone
4
Failing to give signal or
giving improper signal
for
stopping, turning, or
suddenly
decreased speed
4
Shifting lanes without safety
precaution
2
Improper dangerous parking
2
Following too closely
4
Failing to dim lights
2
Operating with improper lights
2
Operating with improper brakes
4
Operating a vehicle in
unsafe condition
2
Driving in improper lane
2
Improper backing
2
Using a wireless electronic
communication
device to
compose, send, or read a
text-based
communication or applying makeup
while operating
a motor vehicle,
first
offense 2
Using a wireless electronic
communication
device to
compose, send,
or read a text-based
communication
or applying makeup
while operating
a motor vehicle, second
or subsequent
offense
4."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.