South Carolina General Assembly
124th Session, 2021-2022

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H. 3983

STATUS INFORMATION

General Bill
Sponsors: Rep. Rutherford
Document Path: l:\council\bills\gt\6003cm21.docx

Introduced in the House on February 25, 2021
Currently residing in the House Committee on Judiciary

Summary: Motor vehicle offenses decriminalized

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   2/25/2021  House   Introduced and read first time (House Journal-page 6)
   2/25/2021  House   Referred to Committee on Judiciary (House Journal-page 6)

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/25/2021

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

A BILL

TO AMEND SECTION 56-5-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM SPEED LIMITS, SO AS TO REVISE THE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 56-5-5015, RELATING TO THE OPERATION OF A MOTOR VEHICLE EQUIPPED WITH A SUNSCREEN DEVICE, SO AS TO REVISE THE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 56-5-6190, RELATING TO THE CLASSIFICATION OF CERTAIN CRIMES AS MISDEMEANORS AND FELONIES, SO AS TO PROVIDE EVERY PERSON CONVICTED OF A VIOLATION OF ANY PROVISION FOR WHICH ANOTHER PENALTY IS NOT PROVIDED SHALL BE FINED NOT MORE THAN ONE HUNDRED DOLLARS; AND TO REPEAL SECTION 56-5-730 RELATING TO THE CLASSIFICATION OF CERTAIN OFFENSES AS MISDEMEANORS UNLESS OTHERWISE DECLARED.

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

SECTION    1.    Section 56-5-1520(G) of the 1976 Code is amended to read:

    "(G)    A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense violation, must be fined or imprisoned as follows:

        (1)    in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;

        (2)    in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;

        (3)    in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and

        (4)    in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days."

SECTION    2.    Section 56-5-5015(G) of the 1976 Code is amended to read:

    "(G)    No person may:

        (1)    offer for sale or for use any sunscreening product or material for motor vehicle use not in compliance with this section;

        (2)    install any sunscreening product or material on vehicles titled for use on public roads without permanently affixing the certificate of compliance specified in this section.

    A professional window tinter who violates the provisions of subsections (E) or (G) is guilty of a misdemeanor triable in magistrate's court and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than thirty days, or both, for each offense violation. A consumer who violates the provisions of subsection (E) or (G) is guilty of a misdemeanor triable in magistrate's court and, upon conviction, must be fined not less than two hundred dollars or imprisoned not more than thirty days for each offense violation."

SECTION    3.    Section 56-5-6190 of the 1976 Code is amended to read:

    "Section 56-5-6190.    It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony. Every person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days."

SECTION    4.    Section 56-5-730 of the 1976 Code is repealed.

SECTION    5.    This act takes effect upon approval by the Governor.

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This web page was last updated on April 20, 2021 at 2:13 PM