S 0460 General Bill, By Land and Giese

Similar(H 3719)
 A BILL TO AMEND SECTIONS 56-5-6520, 56-5-6530, AND 56-5-6540, CODE OF LAWS OF
 SOUTH CAROLINA, 1976, ALL RELATING TO THE MANDATORY USE OF SEAT BELTS IN
 AUTOMOBILES, SO AS TO REQUIRE ALL PERSONS REGARDLESS OF AGE TO WEAR A SEAT
 BELT OR BE SECURED IN A CHILD RESTRAINT SYSTEM AS APPROPRIATE, TO MAKE
 CONFORMING CHANGES, TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO
 WEAR SEAT BELTS FOR OCCUPANTS SEVENTEEN YEARS OF AGE OR YOUNGER, TO INCREASE
 THE FINE, AND TO IMPOSE THE FINE ON THE DRIVER OF THE VEHICLE IF AN OCCUPANT
 SEVENTEEN YEARS OF AGE OR YOUNGER IS NOT WEARING A SEAT BELT OR SECURED IN A
 CHILD RESTRAINT SYSTEM.

   03/14/01  Senate Introduced and read first time SJ-15
   03/14/01  Senate Referred to Committee on Judiciary SJ-15

TO AMEND SECTIONS 56-5-6520, 56-5-6530, AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE MANDATORY USE OF SEAT BELTS IN AUTOMOBILES, SO AS TO REQUIRE ALL PERSONS REGARDLESS OF AGE TO WEAR A SEAT BELT OR BE SECURED IN A CHILD RESTRAINT SYSTEM AS APPROPRIATE, TO MAKE CONFORMING CHANGES, TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS FOR OCCUPANTS SEVENTEEN YEARS OF AGE OR YOUNGER, TO INCREASE THE FINE, AND TO IMPOSE THE FINE ON THE DRIVER OF THE VEHICLE IF AN OCCUPANT SEVENTEEN YEARS OF AGE OR YOUNGER IS NOT WEARING A SEAT BELT OR SECURED IN A CHILD RESTRAINT SYSTEM.

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 must 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 be secured in a child restraint system as provided in Article 47 of this chapter."

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 the injured or sick individuals;

(3) school, church, or daycare 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; and

(9) occupants of the back seat of a motor vehicle 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, 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 must be assessed against the driver. A fine imposed against an occupant seventeen years of age or younger for failing to wear a seat belt must be assessed against the driver if the driver is eighteen years of age or older; however, the total fine assessed against a driver for any one incident must not be more than twenty-five dollars. A fine imposed against an occupant of the vehicle eighteen years of age or older for failing to wear a seat belt must be assessed against that occupant. 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 may not stop and issue a citation to a driver solely 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.

(1) when a driver or an occupant of the motor vehicle seventeen years or younger 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 at a lawful checkpoint.

(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.

(D) Probable cause for a violation of this article must be based on a law enforcement officer's clear and unobstructed view of a person not restrained as required by this article. No vehicle, driver, or occupant in a vehicle may be searched solely as a result of a violation of this article."

SECTION 4. This act takes effect July 1, 2001, and applies to all offenses committed on or after that date.