Rep. RUTHERFORD proposes the following amendment (LC-3276.HDB0008H):

Amend the bill, as and if amended, SECTION 2, by striking Section 56-5-3890(D)(1), (2), and (3) and inserting:

 (D)(1) A person who is adjudicated to be in violation of the provisions of this section is guilty of distracted driving and, upon conviction:
   (a) for a first offense, must be fined not more than twenty-five one hundred dollars, no part of which may be suspended;
   (b) for a second or subsequent offense, must be fined two hundred dollars, no part of which may be suspended.
  (2) 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:
   (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)(3) 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.The Department of Public Safety must receive twenty-five percent of the fines imposed for violations of this section. Funds provided to the department pursuant to this section must be used to educate the public on the dangers of distracted driving and the provisions of this act.

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 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 striking SECTION 4 and inserting:

SECTION 4. During the first ninety one hundred and eighty days after the effective date of this act, law enforcement officers shall only issue warnings for violations of Section 56-5-3890, as amended by this act.

Renumber sections to conform.

Amend title to conform.