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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNDER EIGHTEEN YEARS OF AGE TO OPERATE A MOTOR VEHICLE WHILE USING A CELLULAR TELEPHONE OR ANOTHER WIRELESS COMMUNICATIONS DEVICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-55. (A) It is unlawful for a person under eighteen years of age to operate a motor vehicle while using a cellular telephone or another wireless communications device when the vehicle is in motion.
(B) This section does not apply if the cellular telephone or other wireless communications device is equipped with a hands free device.
(C) A violation of the section is not negligence per se or contributory negligence, and is not admissible as evidence in a civil action.
(D) A vehicle, driver, or occupant in a vehicle must not be searched, nor may consent to search be requested by a law enforcement officer, solely because of a violation of this section.
(E) A law enforcement officer must not stop a driver for a violation of this section. A law enforcement officer may only issue a citation for this violation in conjunction with a lawful stop for another violation.
(F) A person who violates subsection (A) of this provision is guilty of a misdemeanor and, upon conviction for a:
(1) first offense, must have his driver's license suspended for not more than thirty days;
(2) second, offense must have his driver's license suspended for not more than six months; and
(3) third, offense must have his driver's license suspended for not more than one year."
SECTION 2. This act takes effect upon approval by the Governor.
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