S 0692 General Bill, By Alexander, Courson, Giese, Leatherman, Martin, 
M.T. Rose, Russell, Ryberg and Thomas

Similar(H 3694)
 A Bill to amend Section 56-5-6540, Code of Laws of South Carolina, 1976,
 relating to penalties for and enforcement of violations of the mandatory use
 of seat belts provision, so as to delete the provision that both requires a
 violation not to constitute negligence per se or contributory negligence and
 not be admissible as evidence in a civil action.

   03/30/95  Senate Introduced and read first time SJ-13
   03/30/95  Senate Referred to Committee on Transportation SJ-13

A BILL

TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR AND ENFORCEMENT OF VIOLATIONS OF THE MANDATORY USE OF SEAT BELTS PROVISION, SO AS TO DELETE THE PROVISION THAT BOTH REQUIRE A VIOLATION NOT TO CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND NOT BE ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.

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 violating 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 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.