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COMMITTEE REPORT
April 22, 2008
H. 4592
Introduced by Reps. Littlejohn, Cobb-Hunter, Leach, Mahaffey, M.A. Pitts, Scarborough, Umphlett and Cotty
S. Printed 4/22/08--H. [SEC 4/24/08 5:37 PM]
Read the first time January 29, 2008.
To whom was referred a Bill (H. 4592) to amend the Code of Laws of South Carolina, 1976, by adding Section 56-1-55 so as to provide that it is unlawful for a person who holds, 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. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-55. (A) Except as provided in subsection (B), it is unlawful for a person who holds a beginner's permit, conditional driver's license, or a special restricted driver's license to operate a motor vehicle while using a cellular telephone or another wireless communications device when the vehicle is in motion. It is not a violation of this section if the person is using a hands-free communication device.
(B) Subsection (A) does not apply when a cellular telephone or another wireless communications device is used to report illegal activity, summons medical or other emergency help, or prevent injury to a person or property.
(C) A person who violates subsection (A) of this provision is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) first offense, must have his driver's license suspended for thirty days;
(2) second offense, must have his driver's license suspended for six months; and
(3) third offense, must have his driver's license suspended for one year."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
ROBERT E. WALKER for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO HOLDS A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, OR A SPECIAL RESTRICTED DRIVER'S LICENSE TO OPERATE A MOTOR VEHICLE WHILE USING A CELLULAR TELEPHONE OR ANOTHER WIRELESS COMMUNICATIONS DEVICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-55. (A) It is unlawful for a person who holds a beginner's permit, conditional driver's license, or a special restricted driver's license to operate a motor vehicle while using a cellular telephone or another wireless communications device when the vehicle is in motion.
(B) A person who violates subsection (A) of this provision is guilty of a misdemeanor and, upon conviction for a:
(1) first offense, must have his driver's license suspended for not more than thirty days;
(2) second offense, must have his driver's license suspended for not more than six months; and
(3) third offense, must have his driver's license suspended for not more than one year."
SECTION 2. This act takes effect upon approval by the Governor.
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