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TO AMEND SECTION 56-5-3890, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF WIRELESS ELECTRONIC COMMUNICATIONS DEVICES WHILE OPERATING MOTOR VEHICLES, SO AS TO INCREASE THE PENALTY FOR A VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-3890(D)(1) of the 1976 Code is amended to read:
"(1) A person who is adjudicated to be in violation of the provisions of this section must be fined not more than twenty-five two hundred dollars, no part of which may be suspended. No court costs, assessments, or surcharges may be assessed against a person who violates a provision of this section. A person must not be fined more than fifty two hundred dollars for any one incident of one or more violations of the provisions of this section. A custodial arrest for a violation of this section must 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 violation of this section does not constitute a criminal offense. Notwithstanding Section 56-1-640, a violation of this section must not be:
(a) included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; or
(b) reported to the offender's motor vehicle insurer."
SECTION 2. This act takes effect upon approval by the Governor.
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