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Sponsors: Rep. Norrell
Document Path: l:\council\bills\gt\5051cm16.docx
Introduced in the House on February 3, 2016
Currently residing in the House Committee on Education and Public Works
Summary: Wireless communication device while operating motor vehicle
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/3/2016 House Introduced and read first time (House Journal-page 7) 2/3/2016 House Referred to Committee on Education and Public Works (House Journal-page 7)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND SECTION 56-5-3890, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON'S UNLAWFUL USE OF A WIRELESS COMMUNICATION DEVICE WHILE OPERATING A MOTOR VEHICLE, SO AS TO PROVIDE THAT THE TERM "HANDS-FREE WIRELESS COMMUNICATION DEVICE" MEANS A DEVICE THAT DOES NOT REQUIRE THE USE OF EITHER HAND TO ACTIVATE OR DEACTIVATE AN INTERNAL FEATURE OR FUNCTION OF THE DEVICE, AND TO PROVIDE THAT THE OPERATOR OF A MOTOR VEHICLE MAY USE A HANDS-FREE WIRELESS ELECTRONIC COMMUNICATION DEVICE IN VOICE-ACTIVATED MODE ONLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-3890(A), (B), and (C) of the 1976 Code, as added by Act 260 of 2014, is amended to read:
"(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 shall not 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 in voice-activated mode only;
(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."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on February 5, 2016 at 1:51 PM