South Carolina General Assembly
123rd Session, 2019-2020

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Bill 4700


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4415 SO AS TO PROVIDE A LAW ENFORCEMENT OFFICER MAY NOT STOP A VEHICLE OPERATING WITH A BROKEN OR INOPERABLE TAIL LAMP, OR ANY OTHER MECHANICAL DEFECT, BUT MUST ISSUE THE REGISTERED OWNER OF THE VEHICLE A TICKET FOR THE VIOLATION BY WAY OF THE UNITED STATES POSTAL SERVICE, AND TO PROVIDE THE TICKET MUST BE DISMISSED IF THE REGISTERED OWNER PROVIDES PROOF TO THE COURT PRIOR TO THE HEARING DATE THAT THE DEFECT HAS BEEN CORRECTED.

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

SECTION    1.    Article 35, Chapter 5, Title 56 of the 1976 Code is amended by adding:

    "Section 56-5-4415.    Notwithstanding another provision of law, a law enforcement officer who observes a motor vehicle operating with a broken or inoperable tail lamp or any other mechanical defect may not stop the vehicle but must video record the license plate of the vehicle. The video record of the license plate must be used by the law enforcement officer to issue a ticket for operating an unsafe or improperly equipped vehicle to the registered owner of the vehicle by way of the United States Postal Service. However, the ticket must be dismissed if the registered owner of the vehicle provides proof to the court prior to the hearing date that the defect has been corrected."

SECTION    2.    This act takes effect upon approval by the Governor.

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