H 4251 General Bill, By J.H. Hodges
 A Bill to amend Sections 56-5-6520, 56-5-6530, and 56-5-6540, Code of Laws of
 South Carolina, 1976, relating to the use of safety belts, so as to make a
 driver responsible for requiring each occupant of a motor vehicle under
 eighteen years of age to wear a safety belt or another child restraint system,
 to create the offense of failure to secure a safety belt on a minor, to
 provide for penalties and exceptions to this offense, to revise the provisions
 which exclude certain occupants from wearing a safety belt, to revise the
 penalties for violating the mandatory use of safety belt requirement, and to
 allow a law enforcement officer to stop a driver and issue a citation for a
 violation of this requirement.

   05/25/95  House  Introduced and read first time HJ-2
   05/25/95  House  Referred to Committee on Judiciary HJ-3
   04/11/96  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   04/17/96  House  Debate adjourned until Tuesday, April 23, 1996 HJ-40
   04/23/96  House  Debate adjourned until Tuesday, April 30, 1996 HJ-13
   04/30/96  House  Debate adjourned until Wednesday, May 1, 1996 HJ-35
   05/01/96  House  Debate adjourned until May 22, 1996 HJ-9
   05/22/96  House  Recommitted to Committee on Judiciary HJ-28

COMMITTEE REPORT

April 11, 1996

H. 4251

S. Printed 4/11/96--H.

Read the first time May 25, 1995.

To whom was referred a Bill (H. 4251), to amend Sections 56-5-6520, 56-5-6530, and 56-5-6540, Code of Laws of South Carolina, 1976, relating to the use of safety belts, etc., respectfully

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, SECTION 3, page 2, by striking Section 56-5-6540(B) and inserting:

/(B) A law enforcement officer may not stop a driver for a violation of this article 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./

Amend title to conform.

JAMES H. HARRISON, for Committee.

A BILL

TO AMEND SECTIONS 56-5-6520, 56-5-6530, AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SAFETY BELTS, SO AS TO MAKE A DRIVER RESPONSIBLE FOR REQUIRING EACH OCCUPANT OF A MOTOR VEHICLE UNDER EIGHTEEN YEARS OF AGE TO WEAR A SAFETY BELT OR ANOTHER CHILD RESTRAINT SYSTEM, TO CREATE THE OFFENSE OF FAILURE TO SECURE A SAFETY BELT ON A MINOR, TO PROVIDE FOR PENALTIES AND EXCEPTIONS TO THIS OFFENSE, TO REVISE THE PROVISIONS WHICH EXCLUDE CERTAIN OCCUPANTS FROM WEARING A SAFETY BELT, TO REVISE THE PENALTIES FOR VIOLATING THE MANDATORY USE OF SAFETY BELT REQUIREMENT, AND TO ALLOW A LAW ENFORCEMENT OFFICER TO STOP A DRIVER AND ISSUE A CITATION FOR A VIOLATION OF THIS REQUIREMENT.

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. (A) 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.

(B) When the occupant of a motor vehicle under the age of eighteen is not wearing a safety belt or other child restraint system, the driver of the motor vehicle is guilty of the offense of failure to secure a safety belt on a minor and, upon conviction, must be fined not more than twenty-five dollars. If applicable, the fine may be waived pursuant to Sections 56-5-6430 and 56-5-6450."

SECTION 2. Section 56-5-6530 of the 1976 Code is amended to read:

"Section 56-5-6530. The provisions of this article do not apply to:

(1) a driver or occupant who possesses a written verification from a physician that he is unable to wear a safety belt for physical or medical reasons;

(2) medical or rescue personnel attending to injured or sick individuals in an emergency vehicle when operating in an emergency situation as well as and the injured or sick individuals;

(3) school, church, or day care buses;

(4) public transportation vehicles except taxis;

(5) occupants of vehicles in parades;

(6) United States mail carriers;

(7) an occupant for which no safety belt is available because all belts are being used by other occupants;

(8) a driver or occupant frequently stopping or leaving a motor vehicle for pick up or delivery purposes;

(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 twenty-five dollars, all or part of which may be suspended. No Court costs may not be assessed against the person convicted. No A person may not be fined more than twenty fifty dollars for any one incident of one or more violations of the provisions of this article. No A custodial arrest for a violation of this article may 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 conviction for violation of this article does not constitute a criminal offense.

(B) A Except for a violation of Section 56-5-6520(B), a law enforcement officer may not stop a driver for a violation of this article 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. Except for a violation of Section 56-5-6520(B), 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.

(C) A violation of this article does not constitute negligence per se or contributory negligence and is not admissible as evidence in a civil action."

SECTION 4. This act takes effect upon approval by the Governor.