H 3637 General Bill, By D.A. Wright, R.L. Altman, H. Brown, D.M. Bruce, Fair, 
Harvin, Keegan and D.C. Waldrop
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 56-5-3870 so as to prohibit the use of radar detectors on the highways of this
 State and to provide penalties.

   03/05/91  House  Introduced and read first time HJ-9
   03/05/91  House  Referred to Committee on Education and Public
                     Works HJ-10

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3870 SO AS TO PROHIBIT THE USE OF RADAR DETECTORS ON THE HIGHWAYS OF THIS STATE AND TO PROVIDE PENALTIES.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-3870. (A) It is unlawful to use a radar detector in a motor vehicle on the highways and roads of this State. A person who violates the provisions of this article, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars. No custodial arrest for a violation of this section 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 section does not constitute a criminal offense.

(B) A law enforcement officer may not stop a driver for violation of this section 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 section must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(C) The presence in a motor vehicle of a radar detector connected to a power source and in an operable condition is presumptive evidence of its use by a person operating the vehicle. This presumption may be rebutted only by credible and reliable evidence which tends to show that the radar detector was not in use. The provisions of this section must not be construed to authorize the seizure or forfeiture of a radar detector, unless otherwise provided by law."

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