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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN PERSONS WHO ARE OPERATING A MOTOR VEHICLE TO USE A TEXT MESSAGING DEVICE OR A HAND-HELD MOBILE TELEPHONE, AND TO PROVIDE PENALTIES FOR VIOLATING THIS PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 31, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-3890. (A) As contained in this section:
(1) 'text messaging device' means a hand-held device used to send a text message or an electronic message via a short message service, wireless telephone service, or electronic communication network; and
(2) 'mobile telephone' means a device used by subscribers and other users of wireless telephone service to access or respond to such service.
(B) A person may not use a text messaging device to write or send a text message while operating a motor vehicle in motion or in the travel portion of the roadway.
(C) A person may not use a hand-held mobile telephone while operating a motor vehicle that is in motion or in the travel portion of the roadway.
(D) This section does not apply to:
(1) an authorized emergency vehicle, or a tow truck responding to a disabled vehicle;
(2) a moving motor vehicle using a wireless communication device in hands-free mode; and
(3) a moving motor vehicle using a hand-held wireless communications device to:
(a) report illegal activity;
(b) summon medical or other emergency help; or
(c) prevent injury to a person or property.
(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."
SECTION 2. This act takes effect ninety days after approval by the Governor.
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