Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking Section
56-5-3890(D)(1)(E),
(E)(F),(F)(G),
and (G)(H), as contained in SECTION 2 on
pages 4 and 5, and inserting:
/
(D)(1)(E) A
person who is adjudicated to be in violation of the provisions
of this section is guilty of driving while using an
electronic device and must be fined not more than
twenty-five two hundred 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 two hundred 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)(1)
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)(2)
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)(F)
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)(G)
The Department of Public Safety shall maintain
statistical information regarding citations issued pursuant to
this section.
(G)(H)
This section preempts local ordinances,
regulations, and resolutions adopted by municipalities,
counties, and other local governmental entities regarding
persons using wireless electronic communication devices
while operating motor vehicles on the public streets and
highways of this State a stand-alone electronic
device or wireless telecommunications device while operating
motor vehicles on the public highways of this State.
(I) Nothing
in this section must be read to supersede a federal law
prohibiting the use of wireless communication devices by
operators of commercial motor vehicles.
/
Amend the bill further by striking SECTIONS 3, 4, and 5 and inserting:
/ SECTION 3. At every interstate highway ingress into the State, the South Carolina Department of Transportation shall erect a visible notification sign advising motorists entering the State of the existence of this act.
SECTION 4. A law enforcement officer shall issue only warning tickets for a 'Driving While Using an Electronic Device' violation during the first sixty days after the effective date of this act.
SECTION 5. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 6. This act takes effect ninety days after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.