The Committee on Judiciary proposes the following amendment (LC-3276.CM0003H):

Amend the bill, as and if amended, SECTION 2, by striking Section 56-5-3890(D)(1)(b) and (c) and inserting:

   (b) for a second or subsequent offense, must be fined two hundred dollars, no part of which may be suspended, and must have two points assessed against his motor vehicle operating record;
   (c) if the violation causes great bodily injury, must be fined one thousand dollars and sentenced to not more than five years. As used in this subsection, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ; or
   (d) if the violation causes death, is convicted of a felony and must be fined five thousand dollars and imprisoned not more than five years.

Amend the bill further, SECTION 2, by striking Section 56-5-3890(D)(2) and (3) and inserting:

  (2) The Department of Motor Vehicles shall suspend the driver's license of a person who is convicted of violations in subsections (D)(1)(c) and (d).
  (3)(2) Excluding violations in subsections (D)(1)(c) and (d), only Only those offenses which occurred within three years, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this subsection. 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. 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:

Amend the bill further, SECTION 2, by striking Section 56-5-3890(E)(1) and inserting:

  (1) stop a person for a violation of this section except when the officer has probable cause reasonable suspicion 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;

Amend the bill further, by deleting SECTION 3.

Amend the bill further, by striking SECTION 8 and inserting:

SECTION 8. This act takes effect ninety days one year after approval by the Governor.

Renumber sections to conform.

Amend title to conform.