A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-5-830 SO AS TO AUTHORIZE LOCAL GOVERNING BODIES TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF TRAFFIC VIOLATIONS BY MEANS OF TRAFFIC-CONTROL SIGNAL MONITORING SYSTEMS; BY AMENDING SECTION 14-25-45, RELATING TO POWERS, DUTIES, AND JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE MUNICIPAL COURTS HAVE JURISDICTION OVER CERTAIN TRAFFIC-CONTROL MONITORING SYSTEM VIOLATIONS; BY AMENDING SECTION 56-5-710, RELATING TO POWERS OF LOCAL AUTHORITIES, SO AS TO PROVIDE LOCAL AUTHORITIES MAY ADOPT ORDINANCES TO USE TRAFFIC-CONTROL PHOTOGRAPHIC SYSTEMS FOR CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS; BY AMENDING SECTION 56-5-970, RELATING TO TRAFFIC-CONTROL SIGNAL LEGENDs, SO AS TO PROVIDE WHEN SAFE, MOTOR VEHICLES FACING A YELLOW SIGNAL MUST SLOW DOWN IMMEDIATELY; AND BY AMENDING SECTION 56-7-35, RELATING TO the ISSUANCE OF UNIFORM TRAFFIC TICKETS FOR VIOLATIONS OF LOCAL ORDINANCES, SPEEDING, OR DISREGARDING TRAFFIC CONTROL DEVICES, SO AS TO PROVIDE CERTAIN CITATIONS ISSUED BY MEANS OF TRAFFIC-CONTROL SIGNAL MONITORING SYSTEMS MAY BE ISSUED BASED UPON PHOTOGRAPHIC EVIDENCE.

 

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

 

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

 

    Section 56-5-830.  (A) The General Assembly finds:

       (1) the frequency of red light running within the State of South Carolina continues to increase as the number of vehicles on our roads increases; and

       (2) an automated red light camera program will assist state and local governments by reducing the necessity for conducting extensive conventional traffic enforcement at heavily traveled, high-risk intersections.

    (B) For purposes of this section:

       (1) "Agency" means both state and local law enforcement agencies primarily responsible for issuing citations for a violation of state or local traffic laws or regulations.

       (2) "Owner" means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six months or more. "Owner" does not include a motor vehicle rental or leasing company.

       (3) "Recorded images" means images recorded by a traffic-control signal monitoring system that must show the traffic-control signal on at least one image or digital video frame, clearly identify the license plate number of the motor vehicle, and provide full evidentiary documentation, including a sequence of the front of the offending vehicle approaching an intersection.

       (4) "Traffic-control signal monitoring system" means a device with one or more above ground motor vehicle sensors working in conjunction with a traffic signal to produce recorded images of motor vehicles entering an intersection against a red signal indication. The traffic-control signal monitoring system must incorporate both a method of detecting motor vehicles entering an intersection against a red signal indication and a method of monitoring and reporting any change in the duration of the yellow phase at an enforced intersection.

       (5) "Summary court" means either magistrates or municipal court.

    (C) A local governing body is authorized to adopt ordinances for the civil enforcement of traffic violations by means of traffic-control signal monitoring systems provided, the fine for the traffic violation does not exceed one hundred dollars of which no court costs, assessments, surcharges, or points may be assessed against the owner or driver of the vehicle or his driving record.

    (D) Within one week of a violation, an agency shall mail, by certified mail, to the owner of the vehicle a citation, which must include:

       (1) the name and address of the registered owner of the vehicle;

       (2) the registration number of the motor vehicle involved in the violation;

       (3) the traffic violation charged;

       (4) the location of the intersection;

       (5) the date and time of the violation;

       (6) a copy of the recorded images along with a statement that such images are evidence of a violation; and

       (7) the amount of the civil penalty imposed, and the date by which the civil penalty must be paid.

    (E) An agency must prove beyond a reasonable doubt that the person issued a citation was driving the motor vehicle. A certificate, sworn to or affirmed by a duly authorized law enforcement officer of the agency that states that based upon an inspection of recorded images produced by a traffic-control monitoring system a violation of a traffic law occurred, is evidence of the facts and is admissible in any proceeding alleging a violation under this section.

    (F)(1) The summary court may consider any of the following in defense of a violation:

           (a) the driver of the vehicle passed through the intersection and committed the violation in order to yield the right of way to an emergency vehicle;

           (b) the driver of the vehicle passed through the intersection and committed the violation as a result of being part of a funeral procession;

           (c) the motor vehicle or license plate of the motor vehicle was stolen before the violation occurred and was not under the control or possession of the owner at the time of the violation;

           (d) this subsection is unenforceable against the owner because at the time and place of the alleged violation, the traffic-control signal was not in proper position and able to be seen by an ordinary observant individual;

           (e) evidence is presented that the person named in the citation was not operating the vehicle at the time of the violation; or

           (f) any other issues and evidence that the summary court deems relevant.

       (2) In order to demonstrate that the motor vehicle or license plate was stolen before the violation occurred and was not under the control or possession of the owner at the time of the violation, the owner must submit proof that a law enforcement report concerning the stolen motor vehicle or license plate was filed in a timely manner prior to the alleged violation.

       (3) It is an affirmative defense if the owner named in the citation provides to the summary court by certified mail a sworn affidavit by the person that was operating the vehicle that states that the owner named in the citation was not operating the vehicle at the time of the violation. The affidavit must include the name, address, and driver's license identification number of the person.

       (4) If the summary court finds that the owner named in the citation was not operating the vehicle at the time of the violation or receives evidence identifying the person driving the vehicle at the time of the violation, the clerk shall provide to the agency issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation. Upon receipt of substantiating evidence from the summary court, an agency may issue a citation as provided in this subsection to the person that the evidence indicates was operating the vehicle at the time of the violation.

 

SECTION 2.  Section 14-25-45 of the S.C. Code is amended to read:

 

    Section 14-25-45.  Each municipal court shall have jurisdiction to try all cases arising under the ordinances of the municipality for which established. The court shall also have all such powers, duties and jurisdiction in criminal cases made under state law and conferred upon magistrates.  The court shall have the power to punish for contempt of court by imposition of sentences up to the limits imposed on municipal courts.  The court shall have no jurisdiction in civil matters. However, the court has jurisdiction over noncriminal violations cited pursuant to Section 56-5-830.

 

SECTION 3.  Section 56-5-710(A) of the S.C. Code is amended to read:

 

    (A) Subject to the limitations prescribed in Section 56-5-930, the provisions of this chapter shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:

       (1) regulating the standing or parking of vehicles;

       (2) regulating traffic by means of police officers or traffic controltraffic-control signals;

       (3) regulating or prohibiting processions or assemblages on the highways;

       (4) designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction;

       (5) regulating the speed of vehicles in public parks;

       (6) designating any highway as a through highway and requiring that all vehicles stop before entering or crossing it or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances at such intersection;

       (7) restricting the use of highways as authorized in Sections 56-5-4210 and 56-5-4220;

       (8) regulating the operation of bicycles and requiring the registration and licensing of them, including the requirement of a registration fee;

       (9) regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;

       (10) altering the prima facie speed limits as authorized herein; or

       (11) adopting such other traffic regulations as are specifically authorized by this chapter; or

       (12) adopting ordinances to use traffic-control photographic systems for civil enforcement of traffic laws pursuant to Section 56-5-830.

 

SECTION 4.  Section 56-5-970(B) of the S.C. Code is amended to read:

 

    (B) Steady yellow indication:

       (1) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter and, when it is safe, must slow down immediately.

       (2) Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in Section 56-5-990, are advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

 

SECTION 5.  Section 56-7-35(B) of the S.C. Code is amended to read:

 

    (B)(1) A law enforcement officer who issues a uniform traffic ticket for a violation of a local ordinance or the traffic laws relating to disregarding a traffic control device must do so incident to and contemporaneous with a traffic stop.

       (2) A copy of the citation must be given directly to the offender by the law enforcement officer issuing the citation at the time of the traffic stop for the offense.

       (3) A law enforcement agency may not utilize the United States mail, a parcel delivery service, electronic means, or otherwise to send to the operator or owner of a motor vehicle or motorcycle, as defined in Section 56-3-20, a uniform traffic citation alleging a violation of a local ordinance or the traffic laws relating to disregarding traffic control devices. This subsection does not prohibit the law enforcement agency from sending the operator or owner an additional copy of a uniform citation that was issued to the operator or owner during the traffic stop for the offense upon request of the operator or owner.

       (4) Except as provided in Section 56-5-830, Aa uniform traffic citation alleging the violation of a local ordinance or the traffic laws relating to disregarding traffic control devices may not be issued based in whole upon photographic evidence, whether the camera or other electronic device capturing the photographic evidence was attended or unattended at the time it captured the photographic evidence. This section does not prohibit the use of photographic or video evidence at any hearing related to the offense to corroborate the testimony of a law enforcement officer who personally observed the offense.

 

SECTION 6.  The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.  After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

 

SECTION 7.  This act takes effect upon approval by the Governor.

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