H 3089 Session 112 (1997-1998)
H 3089 General Bill, By D. Smith, Allison, Bailey, Battle, A.W. Byrd, Clyburn,
Cobb-Hunter, Cotty, Delleney, J.G. Felder, Harrison, J.H. Hodges, Jennings,
M.H. Kinon, Klauber, Knotts, Leach, L.H. Limbaugh, Maddox, Seithel, J. Smith,
Stille, Stuart, Walker, Wilkes and W.J. Young
Similar(S 253)
A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO VIOLATIONS OF THE SAFETY BELT LAW, SO AS TO INCREASE THE PENALTIES
FROM TEN TO TWENTY-FIVE DOLLARS FOR A VIOLATION AND FROM TWENTY TO FIFTY
DOLLARS FOR EACH INCIDENT AND TO DELETE THE PROVISION PROHIBITING A LAW
ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION IN THE ABSENCE OF A
VIOLATION OF ANOTHER MOTOR VEHICLE LAW.
12/18/96 House Prefiled
12/18/96 House Referred to Committee on Judiciary
01/14/97 House Introduced and read first time HJ-43
01/14/97 House Referred to Committee on Judiciary HJ-43
02/05/97 House Committee report: Favorable with amendment
Judiciary HJ-4
02/06/97 House Requests for debate-Rep(s). Harrison, D. Smith,
Hodges, Haskins, F. Smith, Cotty, Robinson &
Sharpe HJ-10
02/12/97 House Debate adjourned until Thursday, February 13,
1997 HJ-29
02/13/97 House Debate interrupted HJ-33
02/19/97 House Amended HJ-21
02/19/97 House Recommitted to Committee on Judiciary HJ-41
03/19/97 House Committee report: Favorable with amendment
Judiciary HJ-18
03/20/97 House Requests for debate removed-Rep(s). Cotty,
Haskins, Sharpe & F. Smith HJ-21
03/20/97 House Objection by Rep. Kirsh, Bowers, Fleming,
Trotter, Sandifer & Moody-Lawrence HJ-21
03/25/97 House Objection withdrawn by Rep. Moody-Lawrence HJ-46
04/01/97 House Amended HJ-37
04/01/97 House Read second time HJ-41
04/01/97 House Roll call Yeas-83 Nays-23 HJ-41
04/02/97 House Read third time and sent to Senate HJ-84
04/03/97 Senate Introduced and read first time SJ-5
04/03/97 Senate Referred to Committee on Transportation SJ-5
02/10/98 Senate Committee report: Majority favorable with amend.,
minority unfavorable Transportation SJ-10
03/11/98 Senate Special order SJ-26
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 10, 1998
H. 3089
Introduced by Reps. D. Smith, Hodges, Cobb-Hunter, Byrd, Cotty,
Jennings, Clyburn, Delleney, Young, Maddox, Allison, Leach,
Limbaugh, Klauber, Knotts, Felder, Stille, Seithel, Bailey, Walker,
Wilkes, Kinon, Stuart, Battle, Harrison and J. Smith
S. Printed 2/10/98--S.
Read the first time April 3, 1997.
THE COMMITTEE ON TRANSPORTATION
To whom was referred a Bill (H. 3089), to amend Section
56-5-6540, Code of Laws of South Carolina, 1976, relating to
violations of the Safety Belt Law, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting
words and inserting:
/SECTION 1. Section 56-5-6520 of the 1976 Code is amended
to read:
"Section 56-5-6520. The driver and every
each occupant of a motor vehicle, when it is being operated
on the public streets and highways of this State, shall wear a fastened
safety belt which complies with all provisions of federal law for their
use. The driver is charged with the responsibility of requiring each
occupant over six and under seventeen years of age to wear
a safety belt or other child restraint system as provided for in
Article 47."
SECTION 2. Section 56-5-6530(9) and (10) of the 1976 Code are
amended to read:
"(9) occupants of the back seat of a motor vehicle unless the
vehicle is equipped with a shoulder harness in addition to a lap
belt;.
(10) children under six years of age who must be properly
restrained as provided by Article 47, Chapter 5 of Title
56."
SECTION 3. Section 56-5-6540 of the 1976 Code is amended
to read:
"(A) A person violating the provisions of this article, upon
conviction, must be fined not more than ten fifteen
dollars, all or part of which may be suspended. No court costs,
assessments or surcharges may be assessed against the person
convicted. No person may be fined more than twenty dollars for
any one incident of one or more violations of the provisions of this
article. A fine imposed pursuant to this section against the
driver for failing to wear a safety belt shall be assessed against the
driver. A fine imposed pursuant to this section against an occupant
of the vehicle eighteen years of age or older for failing to wear a
safety belt shall be assessed against that occupant. A fine imposed
pursuant to this section against an occupant or occupants under the
age of eighteen for failing to wear a safety belt shall be assessed
against the driver if he is eighteen years of age or older; however, the
total fine assessed against a driver for any one incident shall be no
more than twenty-five dollars. No custodial arrest for a violation
of this article may be made, except upon a warrant issued for failure
to appear in court when summoned or for failure to pay an imposed
fine. A conviction for violation of this article does not constitute
a criminal offense. Notwithstanding Section 56-1-540, a
conviction for a violation of this article must not be included in the
offender's motor vehicle records maintained by the Department of
Public Safety or in the criminal records maintained by SLED.
(B) A law enforcement officer may not stop and issue
a citation to a driver for a violation of this article when the
stop is made in conjunction with another violation of the motor
vehicle laws or in the absence of another violation of the motor
vehicle laws except when the stop is made in conjunction with a
driver's license check or registration check conducted at a checkpoint
established to stop all drivers on a certain road for a period of time.
A citation for a violation of this article must not be issued without
citing the violation that initially caused the officer to effect the
enforcement stop when:
(1) An occupant of the motor vehicle is not wearing a
safety belt or other child restraint system as required by Article 47;
or
(2) the stop is made at a lawful checkpoint.
Probable cause for a violation of this article must be based upon a
law enforcement officer's clear and unobstructed view of a person or
persons not restrained as required by this article. No vehicle,
operator of a vehicle, or passenger in a vehicle may be searched
solely as a result of a violation of this article.
(C) A violation of this article does not constitute negligence per
se or contributory negligence and The failure to wear a safety
belt is not admissible as evidence in a civil action."
SECTION 4. This act takes effect six months after approval by
the Governor./
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
JOHN C. LAND, III GREG RYBURG
For Majority. For Minority.
A BILL
TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO VIOLATIONS OF THE
SAFETY BELT LAW, SO AS TO INCREASE THE PENALTIES
FROM TEN TO TWENTY-FIVE DOLLARS FOR A VIOLATION
AND FROM TWENTY TO FIFTY DOLLARS FOR EACH
INCIDENT AND TO DELETE THE PROVISION PROHIBITING
A LAW ENFORCEMENT OFFICER FROM STOPPING A
DRIVER FOR A VIOLATION IN THE ABSENCE OF A
VIOLATION OF ANOTHER MOTOR VEHICLE LAW.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 56-5-6520 of the 1976 Code is amended to
read:
"Section 56-5-6520. The driver and every
each occupant of a motor vehicle, when it is being operated
on the public streets and highways of this State, shall wear a fastened
safety belt which complies with all provisions of federal law for their
use. The driver is charged with the responsibility of requiring each
occupant over six and under seventeen
eighteen years of age to wear a safety belt or other child
restraint system."
SECTION 2. Section 56-5-6530(9) and (10) of the 1976 Code are
amended to read:
"(9) occupants of the back seat of a motor vehicle who
are eighteen years of age and older unless the vehicle is
equipped with a shoulder harness in addition to the lap belt;
(10) children under six years of age who must be properly
restrained as provided by Article 47, Chapter 5 of Title
56."
SECTION 3. Section 56-5-6540 of the 1976 Code is amended to
read:
"Section 56-5-6540. (A) A person violating the provisions
of this article, upon conviction, must be fined not more than
ten fifteen dollars, all or part of which may be
suspended. No court costs may be assessed against the person
convicted. No person may be fined more than twenty
twenty-five dollars for any one incident of one or more
violations of the provisions of this article. No custodial arrest
for a violation of this article may be made, except upon a warrant
issued for failure to appear in court when summoned or for failure to
pay an imposed fine. A conviction for violation of this article
does not constitute a criminal offense. Notwithstanding
Section 56-1-540, a conviction for a violation of this article must not
be included in the offender's motor vehicle records maintained by the
Department of Public Safety or in the criminal records maintained by
SLED.
(B) A law enforcement officer may not stop and issue
a citation to a driver for a violation of this article when the
stop is made in conjunction with another violation of the motor
vehicle laws or in the absence of another violation of the motor
vehicle laws except when the stop is made in conjunction with a
driver's license check or registration check conducted at a checkpoint
established to stop all drivers on a certain road for a period of time.
A citation for a violation of this article must not be issued without
citing the violation that initially caused the officer to effect the
enforcement stop when:
(1) An occupant of the motor vehicle under the age of
eighteen is not wearing a safety belt or other child restraint system;
or
(2) the stop is made at a lawful checkpoint.
Probable cause for a violation of this article must be based upon a
law enforcement officer's clear and unobstructed view of a person or
persons not restrained as required by this article. No vehicle,
operator of a vehicle, or passenger in a vehicle may be searched
solely as a result of a violation of this article.
(C) A violation of this article does not constitute negligence
per se or contributory negligence and The failure to wear a
safety belt is not admissible as evidence in a civil action."
SECTION 4. Section 56-1-640 of the 1976 Code, as last amended
by Act 459 of 1996, is further amended to read:
"(A) The department shall report each conviction
of a person from another party state occurring within South Carolina
to the licensing authority of the home state of the licensee. The
report shall clearly identify the person convicted, describe the
violation specifying the section of the statute or ordinance violated,
identify the court in which action was taken, indicate whether a plea
of guilty or not guilty was entered or the conviction was a result of
the forfeiture of bail, bond, or other security, and include any special
findings.
(B) The licensing authority of another party state shall report
each conviction of a person from South Carolina occurring within its
jurisdiction to the department within five years of the
conviction."
SECTION 5. This act takes effect six months after approval by
the Governor.
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