S 253 Session 112 (1997-1998)
S 0253 General Bill, By Land, Hayes and Lander
Similar(H 3089)
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.
01/23/97 Senate Introduced and read first time SJ-18
01/23/97 Senate Referred to Committee on Transportation SJ-18
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 56-5-6540 of the 1976 Code, as added by
Act 148 of 1989, 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
twenty-five 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
fifty 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)(B) 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.
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