S 0415 General Bill, By Land, Hutto, O'Dell, Hayes, Giese and Holland

Similar(H 3552)
 A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH
 THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47; TO AMEND SECTION 56-5-6530,
 RELATING TO EXEMPTIONS FROM SEAT BELT USE, SO AS TO DELETE AN UNNECESSARY
 PROVISION; AND TO AMEND SECTION 56-5-6540, RELATING TO SEAT BELT USE, SO AS TO
 AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS AND TO
 INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT AND TO IMPOSE A FINE ON THE
 DRIVER OF A MOTOR VEHICLE IF AN OCCUPANT OF THE VEHICLE UNDER THE AGE OF
 EIGHTEEN IS NOT WEARING A SEAT BELT.

   01/27/99  Senate Introduced and read first time SJ-5
   01/27/99  Senate Referred to Committee on Transportation SJ-5
   02/04/99  Senate Committee report: Favorable Transportation SJ-15
   05/06/99  Senate Debate adjourned
   01/12/00  Senate Recommitted to Committee on Transportation SJ-20
   01/13/00  Senate Recalled from Committee on Transportation SJ-14
   02/16/00  Senate Debate adjourned SJ-36
   04/11/00  Senate  Debate adjourned until May 9, 2000 SJ-16
   04/26/00  Senate Read second time SJ-62
   04/26/00  Senate Ordered to third reading with notice of
                     amendments SJ-62
   05/24/00  Senate Amended SJ-32

Indicates New Matter

AMENDED

May 24, 2000

S. 415

Introduced by Senators Land, Hutto, O'Dell, Hayes, Giese and Holland

S. Printed 5/24/00--S.

Read the first time January 27, 1999.

TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47; TO AMEND SECTION 56-5-6530, RELATING TO EXEMPTIONS FROM SEAT BELT USE, SO AS TO DELETE AN UNNECESSARY PROVISION; AND TO AMEND SECTION 56-5-6540, RELATING TO SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS AND TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT AND TO IMPOSE A FINE ON THE DRIVER OF A MOTOR VEHICLE IF AN OCCUPANT OF THE VEHICLE UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.

Amend Title To Conform

SECTION 1. Section 56-5-6520 of the 1976 Code is amended to read:

"Section 56-5-6520. The driver and every each occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, shall wear a fastened safety belt which complies with all provisions of federal law for their use. The driver is charged with the responsibility of requiring each occupant over six and under seventeen years of age to wear a safety belt or other child restraint system as provided for in Article 47."

SECTION 2. Section 56-5-6530(9) and (10) of the 1976 Code are amended to read:

"(9) occupants of the back seat of a motor vehicle unless the vehicle is equipped with a shoulder harness in addition to a lap belt;.

(10) children under six years of age who must be properly restrained as provided by Article 47, Chapter 5 of Title 56."

SECTION 3. Section 56-5-6540 of the 1976 Code is amended to read:

"(A) A person violating the provisions of this article, upon conviction, must be fined not more than ten fifteen dollars, all or part of which may be suspended. No court costs, assessments or surcharges may be assessed against the person convicted. No person may be fined more than twenty dollars for any one incident of one or more violations of the provisions of this article. A fine imposed pursuant to this section against the driver for failing to wear a safety belt shall be assessed against the driver. A fine imposed pursuant to this section against an occupant of the vehicle eighteen years of age or older for failing to wear a safety belt shall be assessed against that occupant. A fine imposed pursuant to this section against an occupant or occupants under the age of eighteen for failing to wear a safety belt shall be assessed against the driver if he is eighteen years of age or older; however, the total fine assessed against a driver for any one incident shall be no more than twenty-five dollars. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-540, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.

(B) A law enforcement officer may not stop and issue a citation to a driver for a violation of this article when the stop is made in conjunction with another violation of the motor vehicle laws or in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop when:

(1) an occupant of the motor vehicle is not wearing a safety belt or other child restraint system as required by Article 47; or

(2) the stop is made at a lawful checkpoint.

Probable cause for a violation of this article must be based upon a law enforcement officer's clear and unobstructed view of a person or persons not restrained as required by this article. No vehicle, operator of a vehicle, or passenger in a vehicle may be searched solely as a result of a violation of this article.

(C) A violation of this article does not constitute negligence per se or contributory negligence and The failure to wear a safety belt is not admissible as evidence in a civil action."

SECTION 4. Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-6545. Evidence of the violation of this section may be admissible in a civil suit to be considered by the jury or judge on the issue of the comparative negligence of the violator."

SECTION 5. This act takes effect upon approval by the Governor.