Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
\ Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be referred to and cited as the "Driving Under the Influence of an Electronic Device or DUI-E Law".
SECTION 2. Section 56-5-3890 of the 1976 Code is amended to read:
"Section 56-5-3890.
(A) For purposes of this section:
(1)
'Hands-free wireless electronic communication
device' means an electronic device, including, but not limited
to, a telephone, a personal digital assistant, a text-messaging
device, or a computer, which allows a person to wirelessly
communicate with another person without holding the device in
either hand by utilizing an internal feature or function of the
device, an attachment, or an additional device. A hands-free
wireless electronic communication device may require the use of
either hand to activate or deactivate an internal feature or
function of the device. 'Hands-free device' means a
device with speakerphone capability, a telephone attachment, or
another function or other piece of equipment, regardless of
whether permanently installed in or on a wireless communication
device or in a motor vehicle, that allows use of the wireless
communication device without use of either of the driver's
hands, except to activate or deactivate a function of the
wireless communication device or hands-free device. The term
includes voice-operated technology and push-to-talk
function.
(3)
'Wireless electronic communication
device' means an electronic device, including, but not limited
to, a telephone, a cell phone, tablet,
personal digital assistant, laptop, a text-messaging
device, or a computer, which allows a person to wirelessly
communicate with another person.
(B) It is unlawful for
a person to:
(1)
hold a wireless communication device in either
hand while driving a motor vehicle on the public streets and
highways of this State; or
(2)
use a wireless electronic
communication device to compose, send, or read a
text-based communication while operating a motor vehicle on the
public streets and highways of this State while
driving a motor vehicle on the public streets and highways of
this State to:
(a)
type or send a text-based communication, or both
with his hand or finger; or
(b)
visually read a text-based
communication.
(C) This section does
not apply to a person driver who is:
(1)
stopped on the side of a road or lawfully parked
or stopped;
(2) using a hands-free
wireless electronic communication device as
defined in this section;
(3)
summoning emergency assistance;
(4)
transmitting or receiving data
information as part of a digital dispatch system for
relaying information in the course of the driver's occupational
duties;
(5)
a public safety official while in the performance
of the person's official duties; or driving an
authorized emergency or law enforcement vehicle while acting in
an official capacity; or
(6)
using a global positioning system device or an
internal global positioning system feature or function of a
wireless electronic communication device for the purpose of
navigation or obtaining related traffic and road condition
information using equipment or services installed or
provided by the original manufacturer of the vehicle; provided,
however, that this subitem does not authorize the driver's use
of a hand-held device.
(D)(1)
A person who is adjudicated to be in violation of the
provisions of this section is guilty of Driving While Using
an Electronic Device. A person violating this section must
be fined not more than twenty-five one
hundred dollars, no part of which may be suspended.
No court costs, assessments, or surcharges may be
assessed against a person who violates a provision of this
section. A person must not be fined more than fifty dollars for
any one incident of one or more violations of the provisions of
this section. For a second or subsequent violation
of the provisions of this section, a person must be fined three
hundred dollars. A custodial arrest for a violation of this
section must not be made, except upon a warrant issued for
failure to appear in court when summoned or for failure to pay
an imposed fine. A violation of this section does not
constitute a criminal offense. Notwithstanding Section 56-1-640,
a violation of this section must not be:
(a)
included in the offender's motor
vehicle records maintained by the Department of Motor Vehicles
or in the criminal records maintained by SLED; or
(b)
reported to the offender's motor
vehicle insurer.
(2)
During the first one hundred eighty
days after this section's effective date, law enforcement
officers shall issue only warnings for violations of this
section.
(E) A law enforcement
officer shall not:
(1)
stop a person for a violation of this section
except when the officer has probable cause that a violation has
occurred based on the officer's clear and unobstructed view of a
person who is using a wireless electronic communication device
to compose, send, or read a text-based communication while
operating a motor vehicle on the public streets and highways of
this State;
(2)
seize, search, view, or require the
forfeiture of a wireless electronic communication device because
of a violation of this section;
(3)(2) search
or request to search a motor vehicle, driver, or passenger in a
motor vehicle, solely because of a violation of this section;
or
(4)(3) make a
custodial arrest for a violation of this section, except upon a
warrant issued for failure to appear in court when summoned or
for failure to pay an imposed fine.
(F) The Department of
Public Safety shall maintain statistical information regarding
citations issued pursuant to this section.
(G) This section
preempts local ordinances, regulations, and resolutions adopted
by municipalities, counties, and other local governmental
entities regarding persons using wireless electronic
communication devices while operating
driving motor vehicles on the public streets and highways
of this State.
(H) Only
those violations which occurred within a period of five years,
including and immediately preceding the date of the last
violation, constitute prior violations within the meaning of
this section."
SECTION 2. 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 3. At every interstate highway ingress into the State, the South Carolina Department of Transportation shall erect a visible notification sign advising motorist entering the State of the existence of this act.
SECTION 4. A law enforcement officer shall issue only warning tickets for a Driving While Using an Electronic Device violation during the first sixty days after the effective date of this act.
SECTION 5. This act takes effect one hundred twenty days after approval by the Governor. \
Renumber sections to conform.
Amend title to conform.