H 4445 General Bill, By Funderburk and J. Brown
 A BILL TO AMEND SECTION 56-5-6450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PENALTIES ASSOCIATED WITH A VIOLATION OF THE PROVISIONS THAT
 REQUIRE A CHILD TO BE SECURED IN A MOTOR VEHICLE PASSENGER RESTRAINT SYSTEM,
 SO AS TO DELETE THE PROVISION THAT EXEMPTS A VIOLATOR OF THESE PROVISIONS FROM
 BEING SUBJECT TO A CUSTODIAL ARREST, INCREASE THE MAXIMUM FINE FROM
 TWENTY-FIVE DOLLARS TO TWO HUNDRED DOLLARS FOR A VIOLATION OF THESE PROVISIONS
 AND PROVIDE A PENALTY IF INJURY TO A CHILD RESULTS FROM A VIOLATION.

   01/17/06  House  Introduced and read first time HJ-38
   01/17/06  House  Referred to Committee on Judiciary HJ-39
   01/24/06  House  Member(s) request name added as sponsor: J.Brown

TO AMEND SECTION 56-5-6450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ASSOCIATED WITH A VIOLATION OF THE PROVISIONS THAT REQUIRE A CHILD TO BE SECURED IN A MOTOR VEHICLE PASSENGER RESTRAINT SYSTEM, SO AS TO DELETE THE PROVISION THAT EXEMPTS A VIOLATOR OF THESE PROVISIONS FROM BEING SUBJECT TO A CUSTODIAL ARREST, INCREASE THE MAXIMUM FINE FROM TWENTY-FIVE DOLLARS TO TWO HUNDRED DOLLARS FOR A VIOLATION OF THESE PROVISIONS AND PROVIDE A PENALTY IF INJURY TO A CHILD RESULTS FROM A VIOLATION.

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

SECTION    1.    Section 56-5-6450 of the 1976 Code, as last amended by Act 147 of 2005, is further amended to read:

"Section 56-5-6450.    A person shall not be subjected to a custodial arrest for violating the provisions of this article. A person adjudicated to be in violation of who violates the provisions of this article must be fined not more than twenty-five two hundred dollars, no part of which may be suspended. If a violation of this article results in injury to a child, the violator, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days. Court costs, assessments, or surcharges may not be assessed against a person who violates a provision of this article."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor.