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
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
View additional legislative information at the LPITS web site.
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.
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.