H 3136 General Bill, By J. Brown, Rodgers, Taylor, Webb and Breeland
 A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO PENALTIES AND ENFORCEMENT OF CERTAIN PROVISIONS THAT REQUIRE THE
 WEARING OF A SAFETY BELT OR A PASSENGER RESTRAINT SYSTEM BY THE DRIVER AND
 PASSENGERS OF A MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER
 MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION
 THAT REQUIRES A DRIVER OR A PASSENGER TO WEAR A SEAT BELT OR A PASSENGER
 RESTRAINT SYSTEM.

   12/20/00  House  Prefiled
   12/20/00  House  Referred to Committee on Judiciary
   01/09/01  House  Introduced and read first time HJ-60
   01/09/01  House  Referred to Committee on Judiciary HJ-60

TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND ENFORCEMENT OF CERTAIN PROVISIONS THAT REQUIRE THE WEARING OF A SAFETY BELT OR A PASSENGER RESTRAINT SYSTEM BY THE DRIVER AND PASSENGERS OF A MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR A PASSENGER TO WEAR A SEAT BELT OR A PASSENGER RESTRAINT SYSTEM.

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.