South Carolina General Assembly
121st Session, 2015-2016

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H. 4822

STATUS INFORMATION

General Bill
Sponsors: Rep. Norrell
Document Path: l:\council\bills\gt\5051cm16.docx

Introduced in the House on February 3, 2016
Currently residing in the House Committee on Education and Public Works

Summary: Wireless communication device while operating motor vehicle

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/3/2016  House   Introduced and read first time (House Journal-page 7)
    2/3/2016  House   Referred to Committee on Education and Public Works 
                        (House Journal-page 7)

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/3/2016

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 56-5-3890, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON'S UNLAWFUL USE OF A WIRELESS COMMUNICATION DEVICE WHILE OPERATING A MOTOR VEHICLE, SO AS TO PROVIDE THAT THE TERM "HANDS-FREE WIRELESS COMMUNICATION DEVICE" MEANS A DEVICE THAT DOES NOT REQUIRE THE USE OF EITHER HAND TO ACTIVATE OR DEACTIVATE AN INTERNAL FEATURE OR FUNCTION OF THE DEVICE, AND TO PROVIDE THAT THE OPERATOR OF A MOTOR VEHICLE MAY USE A HANDS-FREE WIRELESS ELECTRONIC COMMUNICATION DEVICE IN VOICE-ACTIVATED MODE ONLY.

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

SECTION    1.    Section 56-5-3890(A), (B), and (C) of the 1976 Code, as added by Act 260 of 2014, is amended to read:

"(A) For purposes of this section:

(1) 'Hands-free wireless electronic communication device' means an electronic device, including, but not limited to, a telephone, a personal digital assistant, a text-messaging device, or a computer, which allows a person to wirelessly communicate with another person without holding the device in either hand by utilizing an internal feature or function of the device, an attachment, or an additional device. A hands-free wireless electronic communication device may shall not require the use of either hand to activate or deactivate an internal feature or function of the device.

(2) 'Text-based communication' means a communication using text-based information, including, but not limited to, a text message, an SMS message, an instant message, or an electronic mail message.

(3) 'Wireless electronic communication device' means an electronic device, including, but not limited to, a telephone, a personal digital assistant, a text-messaging device, or a computer, which allows a person to wirelessly communicate with another person.

(B) It is unlawful for a person to use 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.

(C) This section does not apply to a person who is:

(1) lawfully parked or stopped;

(2) using a hands-free wireless electronic communication device in voice-activated mode only;

(3) summoning emergency assistance;

(4) transmitting or receiving data as part of a digital dispatch system;

(5) a public safety official while in the performance of the person's official duties; or

(6) using a global positioning system device or an internal global positioning system feature or function of a wireless electronic communication device for the purpose of navigation or obtaining related traffic and road condition information."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on February 5, 2016 at 1:51 PM