View Amendment Current Amendment: TRAN to Bill 304

The Committee on Transportation proposes the following amendment (SR-304.JG0001S):

Amend the bill, as and if amended, SECTION 1, by striking Section 56-5-1885(E)(1) and inserting:

(1) A person who is adjudicated to be in violation of the provisions of this section must be fined not more than twenty-fiveone 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 custodial arrest for a violation of this section must not be made, except upon a warrant issued for a failure to appear in court when summoned or for a failure to pay an imposed fine. A violation of this section does not constitute a criminal offense. Seventy-five percent of each fine collected pursuant to this section shall be credited to State Highway Patrol. 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;

(b) included in the criminal records maintained by SLED; or

(c) reported to the offender's motor vehicle insurer.