H 3089 General Bill, By D. Smith, Allison, Bailey, Battle, A.W. Byrd, Clyburn, 
Cobb-Hunter, Cotty, Delleney, J.G. Felder, Harrison, J.H. Hodges, Jennings, 
M.H. Kinon, Klauber, Knotts, Leach, L.H. Limbaugh, Maddox, Seithel, J. Smith, 
Stille, Stuart, Walker, Wilkes and W.J. Young

Similar(S 253)
 A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO VIOLATIONS OF THE SAFETY BELT LAW, SO AS TO INCREASE THE PENALTIES
 FROM TEN TO TWENTY-FIVE DOLLARS FOR A VIOLATION AND FROM TWENTY TO FIFTY
 DOLLARS FOR EACH INCIDENT AND TO DELETE THE PROVISION PROHIBITING A LAW
 ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION IN THE ABSENCE OF A
 VIOLATION OF ANOTHER MOTOR VEHICLE LAW.

   12/18/96  House  Prefiled
   12/18/96  House  Referred to Committee on Judiciary
   01/14/97  House  Introduced and read first time HJ-43
   01/14/97  House  Referred to Committee on Judiciary HJ-43
   02/05/97  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   02/06/97  House  Requests for debate-Rep(s). Harrison, D. Smith,
                     Hodges, Haskins, F. Smith, Cotty, Robinson &
                     Sharpe HJ-10
   02/12/97  House  Debate adjourned until Thursday, February 13,
                     1997 HJ-29
   02/13/97  House  Debate interrupted HJ-33
   02/19/97  House  Amended HJ-21
   02/19/97  House  Recommitted to Committee on Judiciary HJ-41
   03/19/97  House  Committee report: Favorable with amendment
                     Judiciary HJ-18
   03/20/97  House  Requests for debate removed-Rep(s). Cotty,
                     Haskins, Sharpe & F. Smith HJ-21
   03/20/97  House  Objection by Rep. Kirsh, Bowers, Fleming,
                     Trotter, Sandifer & Moody-Lawrence HJ-21
   03/25/97  House  Objection withdrawn by Rep. Moody-Lawrence HJ-46
   04/01/97  House  Amended HJ-37
   04/01/97  House  Read second time HJ-41
   04/01/97  House  Roll call Yeas-83  Nays-23 HJ-41
   04/02/97  House  Read third time and sent to Senate HJ-84
   04/03/97  Senate Introduced and read first time SJ-5
   04/03/97  Senate Referred to Committee on Transportation SJ-5
   02/10/98  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Transportation SJ-10
   03/11/98  Senate Special order SJ-26

COMMITTEE REPORT

February 10, 1998

H. 3089

Introduced by Reps. D. Smith, Hodges, Cobb-Hunter, Byrd, Cotty, Jennings, Clyburn, Delleney, Young, Maddox, Allison, Leach, Limbaugh, Klauber, Knotts, Felder, Stille, Seithel, Bailey, Walker, Wilkes, Kinon, Stuart, Battle, Harrison and J. Smith

S. Printed 2/10/98--S.

Read the first time April 3, 1997.

To whom was referred a Bill (H. 3089), to amend Section 56-5-6540, Code of Laws of South Carolina, 1976, relating to violations of the Safety Belt Law, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/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. This act takes effect six months after approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Majority favorable. Minority unfavorable.

JOHN C. LAND, III GREG RYBURG

For Majority. For Minority.

A BILL

TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF THE SAFETY BELT LAW, SO AS TO INCREASE THE PENALTIES FROM TEN TO TWENTY-FIVE DOLLARS FOR A VIOLATION AND FROM TWENTY TO FIFTY DOLLARS FOR EACH INCIDENT AND TO DELETE THE PROVISION PROHIBITING A LAW ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION IN THE ABSENCE OF A VIOLATION OF ANOTHER MOTOR VEHICLE LAW.

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

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 eighteen years of age to wear a safety belt or other child restraint system."

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 who are eighteen years of age and older unless the vehicle is equipped with a shoulder harness in addition to the 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:

"Section 56-5-6540. (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 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. 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 under the age of eighteen is not wearing a safety belt or other child restraint system; 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. Section 56-1-640 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(A) The department shall report each conviction of a person from another party state occurring within South Carolina to the licensing authority of the home state of the licensee. The report shall clearly identify the person convicted, describe the violation specifying the section of the statute or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security, and include any special findings.

(B) The licensing authority of another party state shall report each conviction of a person from South Carolina occurring within its jurisdiction to the department within five years of the conviction."

SECTION 5. This act takes effect six months after approval by the Governor.