Current Status Introducing Body:House Bill Number:3588 Primary Sponsor:Sheheen Committee Number:21 Type of Legislation:GB Subject:Radar speed detection devices Residing Body:House Current Committee:Education and Public Works Computer Document Number:NO5/7270.BD Introduced Date:Feb 26, 1991 Last History Body:House Last History Date:Feb 26, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Sheheen Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3588 House Feb 26, 1991 Introduced, read first time, 21
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5035 SO AS TO PROHIBIT THE USE OF DEVICES OR MECHANISMS ON MOTOR VEHICLES TO DETECT THE PRESENCE OF RADAR WHICH MEASURES THE SPEED OF MOTOR VEHICLES AND PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-5035. (A) It is unlawful for a person to operate a motor vehicle upon the highways of this State when the vehicle is equipped with a device or mechanism to detect the emission of radio microwaves in the electromagnetic spectrum, which microwaves are employed by law enforcement officers to measure the speed of motor vehicles for law enforcement purposes.
(B) It is unlawful to sell the device or mechanism in this State.
(C) This section does not apply to a receiver of radio waves utilized for lawful purposes to receive a signal from a frequency lawfully licensed by a state or federal agency.
(D) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five nor more than one hundred dollars.
(E) This section authorizes the forfeiture to the State of the device or mechanism. It may be taken by the arresting officer if needed as evidence. When no longer needed, it must be returned to the person charged with the violation or, at that person's request and expense, mailed to an address he specifies. Unclaimed devices may be destroyed upon court order after six months have elapsed from the final date for filing an appeal.
(F) Except as provided under subsection (G), the presence of the device or mechanism in or upon a motor vehicle upon the highways is prima facie evidence of a violation. The State need not prove that the device or mechanism was in an operative condition or being operated.
(G) A person is not guilty of a violation of this section when the device or mechanism, at the time of the alleged offense, had no power source and was not accessible for use readily by the driver or a passenger in the vehicle.
(H) This section does not apply to motor vehicles owned by the State or its political subdivisions and used by a law enforcement officer in his official duties nor to the sale of the device or mechanism to law enforcement agencies for use in their official duties."
SECTION 2. This act takes effect upon approval by the Governor.