H 4386 General Bill, By Bowen, Gilliard, Felder, Southard, Kennedy, W.J. McLeod and 
Whipper
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
 56-5-3890 AND 56-5-3897 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO
 USE A COMMUNICATION DEVICE WHILE DRIVING A MOTOR VEHICLE UNDER CERTAIN
 CIRCUMSTANCES, TO PROVIDE A PENALTY, AND TO PROVIDE FOR THE DISTRIBUTION OF
 MONIES COLLECTED FROM FINES ASSOCIATED WITH VIOLATIONS OF THIS PROVISION; TO
 AMEND SECTION 56-1-720, RELATING TO THE ASSESSMENT OF POINTS AGAINST A
 PERSON'S DRIVING RECORD FOR CERTAIN MOTOR VEHICLE VIOLATIONS, SO AS TO PROVIDE
 THAT POINTS MUST BE ASSESSED AGAINST THE DRIVING RECORD OF A PERSON CONVICTED
 OF TEXTING WHILE DRIVING; AND TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS
 DRIVING, SO AS TO PROVIDE THAT RECKLESS DRIVING INCLUDES TEXTING WHILE DRIVING
 WHEN BODILY INJURY OCCURS.

   12/03/13  House  Prefiled
   12/03/13  House  Referred to Committee on Education and Public Works
   01/14/14  House  Introduced and read first time (House Journal-page 56)
   01/14/14  House  Referred to Committee on Education and Public
                     Works (House Journal-page 56)
   01/15/14  House  Member(s) request name added as sponsor: Gilliard
   02/26/14  House  Member(s) request name added as sponsor: Felder,
                     Southard, Kennedy
   03/20/14  House  Committee report: Favorable with amendment
                     Education and Public Works (House Journal-page 44)
   03/24/14         Scrivener's error corrected
   03/26/14  House  Member(s) request name added as sponsor: W.J.McLeod
   03/26/14  House  Debate adjourned until Tues., 4-1-14
                     (House Journal-page 58)
   04/02/14  House  Member(s) request name added as sponsor: Whipper
   04/02/14  House  Requests for debate-Rep(s). Daning, Owens, Hiott,
                     Wood, Loftis, Brannon, Forrester, Weeks,
                     Anthony, Sabb, Rivers, Whitmire, Sandifer,
                     Putnam, Gagnon, Pitts, Hart, Williams,
                     McEachern, Douglas, Whipper, Wells, GR Smith,
                     Hamilton (House Journal-page 52)
   04/09/14  House  Amended (House Journal-page 97)
   04/09/14  House  Read second time (House Journal-page 97)
   04/09/14  House  Roll call Yeas-97  Nays-16 (House Journal-page 122)
   04/10/14  House  Read third time and sent to Senate
                     (House Journal-page 115)
   04/10/14  House  Roll call Yeas-89  Nays-12 (House Journal-page 116)
   04/15/14  Senate Introduced and read first time (Senate Journal-page 12)
   04/15/14  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 12)

H. 4386

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 9, 2014

H. 4386

Introduced by Reps. Bowen, Gilliard, Felder, Southard, Kennedy, W.J. McLeod and Whipper

S. Printed 4/11/14--H.

Read the first time January 14, 2014.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-3890 AND 56-5-3897 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE A COMMUNICATION DEVICE WHILE DRIVING A MOTOR VEHICLE UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE A PENALTY, AND TO PROVIDE FOR THE DISTRIBUTION OF MONIES COLLECTED FROM FINES ASSOCIATED WITH VIOLATIONS OF THIS PROVISION; TO AMEND SECTION 56-1-720, RELATING TO THE ASSESSMENT OF POINTS AGAINST A PERSON'S DRIVING RECORD FOR CERTAIN MOTOR VEHICLE VIOLATIONS, SO AS TO PROVIDE THAT POINTS MUST BE ASSESSED AGAINST THE DRIVING RECORD OF A PERSON CONVICTED OF TEXTING WHILE DRIVING; AND TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO PROVIDE THAT RECKLESS DRIVING INCLUDES TEXTING WHILE DRIVING WHEN BODILY INJURY OCCURS.

Amend Title To Conform

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

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 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 is adjudicated to be in violation of the provisions of this section must be fined not more than twenty-five dollars, no part of which may be suspended. No court costs, assessments, or surcharges may be assessed against a person who violates a provision of this section. A person must not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this section. A custodial arrest for a violation of this section must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A violation of this section does not constitute a criminal offense. Notwithstanding Section 56-1-640, a violation of this section must not be:

(a)    included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; or

(b)    reported to the offender's motor vehicle insurer.

(2)    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, search, view, 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 while operating motor vehicles on the public streets and highways of this State."

SECTION    2.    This act takes effect upon approval by the Governor.