South Carolina General Assembly
111th Session, 1995-1996

Bill 3694


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3694
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19950228
Primary Sponsor:                   Wright
All Sponsors:                      Wright, Allison, Bailey, Byrd,
                                   Cooper, Fulmer, Harrell, J. Harris,
                                   Hodges, Keegan, Kelley, Knotts, Koon,
                                   Lanford, Limehouse, Mason, McMahand,
                                   Meacham, Phillips, Sharpe, Shissias,
                                   Stuart, Townsend, Walker, Wilder,
                                   Wofford, Kennedy, Cain and Stille
                                   
Drafted Document Number:           dka\3704cm.95
Companion Bill Number:             692
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Date of Last Amendment:            19950503
Subject:                           Safety belt violations



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19950505  Introduced, read first time,             11 SJ
                  referred to Committee
House   19950504  Read third time, sent to Senate
House   19950503  Amended, read second time
House   19950411  Objection by Representative                      Baxley
                                                                   J. Young
                                                                   Thomas
                                                                   Jennings
                                                                   S. Whipper
                                                                   Harvin
                                                                   Delleney
House   19950406  Debate adjourned until
                  Tuesday, 19950411
House   19950404  Committee report: Favorable with         21 HEPW
                  amendment
House   19950228  Introduced, read first time,             21 HEPW
                  referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

AMENDED

May 3, 1995

H. 3694

Introduced by REPS. Wright, Allison, Bailey, Byrd, Cooper, Fulmer, Harrell, J. Harris, Hodges, Keegan, Kelley, Knotts, Koon, Lanford, Limehouse, Mason, McMahand, Meacham, Phillips, Sharpe, Shissias, Stuart, Townsend, Walker, Wilder, Wofford, Kennedy, Cain and Stille

S. Printed 5/3/95--H.

Read the first time February 28, 1995.

A BILL

TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR AND ENFORCEMENT OF VIOLATIONS OF THE MANDATORY USE OF SEAT BELTS PROVISION, SO AS TO DELETE THE PROVISION THAT BOTH REQUIRES A VIOLATION NOT TO CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND NOT BE ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.

Amend Title To Conform

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.

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