S*0187(Rat #0148, Act #0065 of 2001)  General Bill, By Rankin, Short and Hutto
 A BILL TO AMEND SECTION 56-5-6410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR
 VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO PROVIDE THAT
 THIS PROVISION APPLIES TO ALL MOTOR VEHICLES THAT OPERATE ON THE STATE'S
 HIGHWAYS AND STREETS, TO REVISE AND ESTABLISH THE AGE OR WEIGHT, OR BOTH, OF
 CHILDREN WHO MUST BE RESTRAINED IN EITHER A REAR-FACING SAFETY SEAT,
 BELT-POSITIONING BOOSTER SEAT, OR AN ADULT SEAT BELT; TO AMEND SECTION
 56-5-6520, RELATING TO THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENT, SO
 AS TO REVISE THE AGE OF OCCUPANTS OF A MOTOR VEHICLE WHO MUST WEAR A SEAT
 BELT, PROVIDE THAT CERTAIN MOTOR VEHICLE OCCUPANTS MUST BE SECURED IN A CHILD
 RESTRAINT SYSTEM, TO PROVIDE THAT A MOTOR VEHICLE OCCUPANT SEVENTEEN YEARS OF
 AGE OR YOUNGER WHO POSSESSES A DRIVER'S LICENSE, SPECIAL RESTRICTED LICENSE,
 OR BEGINNER'S PERMIT AND NOT THE DRIVER IS RESPONSIBLE FOR ENSURING THE
 OCCUPANT WEARS A SEAT BELT AND MUST BE FINED FOR A VIOLATION OF THIS
 PROVISION; BY ADDING SECTION 56-5-6525 SO AS TO PROVIDE THAT THE DEPARTMENT OF
 PUBLIC SAFETY OR ANY OTHER LAW ENFORCEMENT AGENCY MUST NOT USE ANY ENDEAVOR OF
 SYSTEMATIC CHECKPOINTS OR ROADBLOCKS AS A LAW ENFORCEMENT TOOL WHERE THE
 PRINCIPAL PURPOSE IS TO DETECT AND ISSUE A TICKE

   01/23/01  Senate Introduced and read first time SJ-10
   01/23/01  Senate Referred to Committee on Transportation SJ-10
   02/20/01  Senate Committee report: Favorable with amendment
                     Transportation SJ-11
   02/22/01  Senate Amended SJ-11
   02/22/01  Senate Read second time SJ-11
   02/22/01  Senate Ordered to third reading with notice of
                     amendments SJ-11
   03/01/01  Senate Read third time and sent to House SJ-12
   03/06/01  House  Introduced and read first time HJ-14
   03/06/01  House  Referred to Committee on Education and Public
                     Works HJ-14
   05/03/01  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-4
   05/09/01  House  Requests for debate-Rep(s). Altman, Littlejohn,
                     Davenport, Weeks, Scarborough, Simrill, Stuart,
                     Townsend, Robinson, Trotter, GM Smith, Hinson,
                     Miller, Stille, Martin, Walker and Sandifer HJ-23
   05/10/01  House  Requests for debate removed-Rep(s). Simrill HJ-23
   05/30/01  House  Amended HJ-45
   05/30/01  House  Read second time HJ-51
   05/30/01  House  Roll call Yeas-83  Nays-15 HJ-51
   05/30/01  House   Reconsider second reading HJ-58
   05/30/01  House  Read second time HJ-61
   05/30/01  House  Roll call Yeas-84  Nays-17 HJ-61
   05/31/01  House  Read third time and returned to Senate with
                     amendments HJ-11
   06/07/01  Senate House amendment amended SJ-58
   06/07/01  Senate Returned to House with amendments SJ-58
   06/07/01  House  Concurred in Senate amendment and enrolled HJ-168
   06/28/01         Ratified R 148
   07/03/01         Signed By Governor
   07/03/01         Effective date This Act takes effect 07/01/01,
                     and applies to all offenses committed on or
                     after that date
   07/18/01         Copies available
   07/18/01         Act No. 65

AN ACT TO AMEND SECTION 56-5-6410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO ALL MOTOR VEHICLES THAT OPERATE ON THE STATE'S HIGHWAYS AND STREETS, TO REVISE AND ESTABLISH THE AGE OR WEIGHT, OR BOTH, OF CHILDREN WHO MUST BE RESTRAINED IN EITHER A REAR-FACING SAFETY SEAT, BELT-POSITIONING BOOSTER SEAT, OR AN ADULT SEAT BELT; TO AMEND SECTION 56-5-6520, RELATING TO THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENT, SO AS TO REVISE THE AGE OF OCCUPANTS OF A MOTOR VEHICLE WHO MUST WEAR A SEAT BELT, PROVIDE THAT CERTAIN MOTOR VEHICLE OCCUPANTS MUST BE SECURED IN A CHILD RESTRAINT SYSTEM, TO PROVIDE THAT A MOTOR VEHICLE OCCUPANT SEVENTEEN YEARS OF AGE OR YOUNGER WHO POSSESSES A DRIVER'S LICENSE, SPECIAL RESTRICTED LICENSE, OR BEGINNER'S PERMIT AND NOT THE DRIVER IS RESPONSIBLE FOR ENSURING THE OCCUPANT WEARS A SEAT BELT AND MUST BE FINED FOR A VIOLATION OF THIS PROVISION; BY ADDING SECTION 56-5-6525 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY OR ANY OTHER LAW ENFORCEMENT AGENCY MUST NOT USE ANY ENDEAVOR OF SYSTEMATIC CHECKPOINTS OR ROADBLOCKS AS A LAW ENFORCEMENT TOOL WHERE THE PRINCIPAL PURPOSE IS TO DETECT AND ISSUE A TICKET TO A VIOLATOR OF THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENT; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENTS, SO AS TO PROVIDE THAT A DRIVER OR OCCUPANTS IN A VEHICLE NOT ORIGINALLY EQUIPPED WITH SAFETY BELTS IS EXEMPT FROM THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENTS; AND TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATORS OF THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENTS, SO AS TO INCREASE THE MONETARY PENALTY AND PROVIDE A MAXIMUM MONETARY PENALTY, TO PROVIDE THAT A CONVICTION FOR A VIOLATION OF THIS PROVISION MUST NOT BE INCLUDED IN AN OFFENDER'S MOTOR VEHICLE RECORDS MAINTAINED BY THE DEPARTMENT OF PUBLIC SAFETY OR IN THE CRIMINAL RECORDS MAINTAINED BY SLED, TO PROVIDE THAT A CITATION MUST BE ISSUED PURSUANT TO A MOTOR VEHICLE STOP MADE WHEN AN OFFICER HAS PROBABLE CAUSE FOR A VIOLATION OF THIS PROVISION BASED ON HIS CLEAR AND UNOBSTRUCTED VIEW OF A DRIVER SEVENTEEN YEARS OF AGE OR YOUNGER OR AN OCCUPANT OF THE MOTOR VEHICLE SEVENTEEN YEARS OF AGE OR YOUNGER WHO IS NOT WEARING A SEAT BELT OR IS NOT SECURED IN A CHILD RESTRAINT SYSTEM WITHOUT CITING ANY OTHER VIOLATION, AND TO PROVIDE THAT A VEHICLE, DRIVER, OR OCCUPANT IN A VEHICLE MAY NOT BE SEARCHED SOLELY FOR A VIOLATION OF THIS PROVISION OR CERTAIN MOTOR VEHICLE STOPS MADE PURSUANT TO THIS PROVISION.

Be it enacted by the General Assembly of the State of South Carolina:

Child passenger restraint system

SECTION 1. Section 56-5-6410 of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"Section 56-5-6410. Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) operated on the highways and streets of this State when transporting a child five years of age or younger upon the public streets and highways of the State must provide an appropriate child passenger restraint system and must secure the child as follows:

(1) A child from birth up to one year of age or who weighs less than twenty pounds must be properly secured in a rear-facing child safety seat which meets the standards prescribed by the National Highway Traffic Safety Administration.

(2) A child who is at least one year of age but less than six years of age and who weighs at least twenty pounds but less than forty pounds must be secured in a forward-facing child safety seat provided in the motor vehicle which meets the standards prescribed by the National Highway Traffic Safety Administration.

(3) A child who is at least one year of age but less than six years of age and who weighs at least forty pounds but not more than eighty pounds must be secured by a belt-positioning booster seat. The belt-positioning booster seat must be used with both lap and shoulder belts. A booster seat must not be used with a lap belt alone.

(4) If a child is at least one year of age but less than six years of age and weighs more than eighty pounds, the child may be restrained in an adult safety belt. If a child less than six years of age can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, the child may be seated in the regular back seat and secured by an adult safety belt.

(5) A child who is less than six years of age must not occupy a front passenger seat of a motor vehicle. This restriction does not apply if the motor vehicle does not have rear passenger seats or if all rear passenger seats are occupied by other children less than six years of age.

Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article."

Mandatory use of seat belts

SECTION 2. Section 56-5-6520 of the 1976 Code is amended to read:

"Section 56-5-6520. The driver and every occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, must wear a fastened safety belt which complies with all provisions of federal law for its use. The driver is charged with the responsibility of requiring each occupant seventeen years of age or younger to wear a safety belt or be secured in a child restraint system as provided in Article 47 of this chapter. However, a driver is not responsible for an occupant seventeen years of age or younger who has a driver's license, special restricted license, or beginner's permit and who is not wearing a seat belt; such occupant is in violation of this article and must be fined in accordance with Section 56-5-6540."

Click It or Ticket

SECTION 3. The 1976 Code is amended by adding:

"Section 56-5-6525. The Department of Public Safety or any other law enforcement agency must not use a 'Click It or Ticket' campaign or a similar endeavor of systematic checkpoints or roadblocks as a law enforcement tool where the principal purpose is to detect and issue a ticket to a violator of the provisions of this article on either a primary or secondary basis."

Mandatory use of seat belts exceptions

SECTION 4. Section 56-5-6530 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"(11) a driver or occupants in a vehicle not originally equipped with safety belts."

Penalties

SECTION 5. Section 56-5-6540 of the 1976 Code is amended to read:

"Section 56-5-6540. (A) A person who violates the provisions of this article, upon conviction, must be fined not more than twenty-five 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 fifty 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 56-1-640, 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 must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows:

(1) when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or

(2) 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.

(C) A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(D) A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.

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

(F) No vehicle, driver, or occupant in a vehicle may be searched solely because of a violation of this article or a stop made under subsection (B)(1)."

Time effective

SECTION 6. This act takes effect July 1, 2001, and applies to all offenses committed on or after that date.

Ratified the 28th day of June, 2001.

Approved the 3rd day of July, 2001.