H 3305 General Bill, By R.S. Corning, Cato, M.F. Jaskwhich, Meacham, J.H. Neal, 
Richardson and Walker
 A Bill to amend Section 56-5-6540, Code of Laws of South Carolina, 1976,
 relating to penalties for failure to wear a safety belt, so as to delete the
 prohibition against a law enforcement officer stopping a driver in the absence
 of another violation and to increase the maximum fine to twenty-five dollars.

   01/28/93  House  Introduced and read first time HJ-8
   01/28/93  House  Referred to Committee on Education and Public
                     Works HJ-8
   04/06/93  House  Tabled in committee

A BILL

TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR FAILURE TO WEAR A SAFETY BELT, SO AS TO DELETE THE PROHIBITION AGAINST A LAW ENFORCEMENT OFFICER STOPPING A DRIVER IN THE ABSENCE OF ANOTHER VIOLATION AND TO INCREASE THE MAXIMUM FINE TO TWENTY-FIVE DOLLARS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 56-5-6540 of the 1976 Code is amended to read:

"Section 56-5-6540. (A) A person who violating violates the provisions of this article, upon conviction, must be fined not more than ten dollars, all or part of which may be suspended. No court costs may be assessed against the person convicted. No person may be fined more than twenty twenty-five dollars for any one incident of one or more violations of the provisions of this article. 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.

(B) A law enforcement officer may not stop a driver for a violation of this article 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.

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

SECTION 2. This act takes effect upon approval by the Governor.