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 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 primary violation has
occurred;
(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 while operating motor vehicles on the public streets and
highways of this State."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.