2017-2018 Bill 4480 Text of Previous Version (Dec. 13, 2017) - South Carolina Legislature Online

1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 5653890, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF 13 A WIRELESS COMMUNICATIONS DEVICE WHILE 14 OPERATING A MOTOR VEHICLE, SO AS TO REVISE THE 15 DEFINITION OF CERTAIN TERMS, TO REVISE THE 16 CIRCUMSTANCES WHEN IT IS UNLAWFUL TO USE A 17 WIRELESS DEVICE, TO REVISE THE PENALTIES, TO 18 CREATE THE OFFENSE OF DRIVING UNDER THE 19 INFLUENCE OF AN ELECTRONIC DEVICE, TO DELETE 20 THE PROVISION THAT PROHIBITS A LAW 21 ENFORCEMENT OFFICER FROM STOPPING A PERSON 22 FOR A VIOLATION OF THIS SECTION UNDER CERTAIN 23 CIRCUMSTANCES, AND TO PROVIDE THAT THE 24 DEPARTMENT OF MOTOR VEHICLES SHALL MAINTAIN 25 STATISTICAL INFORMATION REGARDING CITATIONS 26 ISSUED PURSUANT TO THIS SECTION; AND TO AMEND 27 SECTION 561720, AS AMENDED, RELATING TO THE POINT 28 SYSTEM ESTABLISHED FOR THE EVALUATION OF THE 29 DRIVING RECORD OF PERSONS OPERATING MOTOR 30 VEHICLES, SO AS TO PROVIDE THAT DRIVING UNDER 31 THE INFLUENCE OF AN ELECTRONIC DEVICE SECOND 32 OR SUBSEQUENT OFFENSE IS A TWO-POINT VIOLATION. 33 34 Be it enacted by the General Assembly of the State of South 35 Carolina: 36 37 SECTION 1. Section 5653890 of the 1976 Code is amended to 38 read: 39 40 “Section 5653890. (A) For purposes of this section: 41 (1) ‘Handsfree wireless electronic communication device’ 42 means an electronic device, including, but not limited to, a

[4480] 1 1 telephone, a personal digital assistant, a textmessaging device, or a 2 computer, which allows a person to wirelessly communicate with 3 another person without holding the device in either hand by 4 utilizing an internal feature or function of the device, an 5 attachment, or an additional device. A handsfree wireless 6 electronic communication device may require the use of either 7 hand to activate or deactivate an internal feature or function of the 8 device. ‘Handsfree device’ means speakerphone capability, a 9 telephone attachment, or another function or other piece of 10 equipment, regardless of whether permanently installed in or on a 11 wireless communication device or in a motor vehicle, that allows 12 use of the wireless communication device without use of either of 13 the operator’s hands, except to activate or deactivate a function of 14 the wireless communication device or handsfree device. The term 15 includes voiceoperated technology and pushtotalk function. 16 (2) ‘Textbased communication’ means a communication 17 using textbased information, including, but not limited to, a text 18 message, an SMS message, an instant message, or an electronic 19 mail message. 20 (3) ‘Wireless electronic communication device’ means an 21 electronic device, including, but not limited to, a telephone, a cell 22 phone, tablet, personal digital assistant, laptop, a textmessaging 23 device, or a computer, which allows a person to wirelessly 24 communicate with another person. 25 (B) It is unlawful for a person to: 26 (1) hold a wireless communication device in either hand 27 while operating a motor vehicle on the public streets and highways 28 of this State; or 29 (2) use a wireless electronic communication device to 30 compose, send, or read a textbased communication while operating 31 a motor vehicle on the public streets and highways of this State 32 while operating a motor vehicle on the public streets and highways 33 of this State to: 34 (a) type or send a textbased communication, or both with 35 your hand or finger; or 36 (b) visually read a textbased communication. 37 (C) This section does not apply to a person who is: 38 (1) lawfully parked or stopped; 39 (2) using a handsfree wireless electronic communication 40 device as defined in this section; 41 (3) summoning emergency assistance;

[4480] 2 1 (4) transmitting or receiving data information as part of a 2 digital dispatch system for relaying information in the course of 3 the operator’s occupational duties between the operator and a: 4 (a) dispatcher; or 5 (b) digital network or software application; 6 (5) a public safety official while in the performance of the 7 person’s official duties; or an operator of an authorized emergency 8 or law enforcement vehicle while acting in an official capacity; 9 (6) using a global positioning system device or an internal 10 global positioning system feature or function of a wireless 11 electronic communication device for the purpose of navigation or 12 obtaining related traffic and road condition information an operator 13 who is licensed by the Federal Communications Commission 14 while operating a radio frequency device; or 15 (7) an operator of a commercial motor vehicle that is 16 otherwise regulated by federal law. 17 (D)(1) A person who is adjudicated to be in violation of the 18 provisions of this section is guilty of Driving Under the Influence 19 of an Electronic Device (DUIE) and must be fined not more than 20 twentyfive one hundred dollars, no part of which may be 21 suspended. No court costs, assessments, or surcharges may be 22 assessed against a person who violates a provision of this section. 23 A person must not be fined more than fifty dollars for any one 24 incident of one or more violations of the provisions of this section. 25 For a second or subsequent violation of the provisions of this 26 section, a person must be fined three hundred dollars and must 27 have two points assessed against his motor vehicle operating 28 record. A custodial arrest for a violation of this section must not be 29 made, except upon a warrant issued for failure to appear in court 30 when summoned or for failure to pay an imposed fine. A violation 31 of this section does not constitute a criminal offense. 32 Notwithstanding Section 561640, a violation of this section must 33 not be: 34 (a) included in the offender’s motor vehicle records 35 maintained by the Department of Motor Vehicles or in the criminal 36 records maintained by SLED; or 37 (b) reported to the offender’s motor vehicle insurer. 38 (2) During the first one hundred eighty days after this 39 section’s effective date, law enforcement officers shall issue only 40 warnings for violations of this section. 41 (E) A law enforcement officer shall not: 42 (1) stop a person for a violation of this section except when 43 the officer has probable cause that a violation has occurred based

[4480] 3 1 on the officer’s clear and unobstructed view of a person who is 2 using a wireless electronic communication device to compose, 3 send, or read a textbased communication while operating a motor 4 vehicle on the public streets and highways of this State; 5 (2) seize, search, view, or require the forfeiture of a wireless 6 electronic communication device because of a violation of this 7 section; 8 (3)(2) search or request to search a motor vehicle, driver, or 9 passenger in a motor vehicle, solely because of a violation of this 10 section; or 11 (4)(3) make a custodial arrest for a violation of this section, 12 except upon a warrant issued for failure to appear in court when 13 summoned or for failure to pay an imposed fine. 14 (F) The Department of Public Safety and the Department of 15 Motor Vehicles shall maintain statistical information regarding 16 citations issued pursuant to this section. 17 (G) This section preempts local ordinances, regulations, and 18 resolutions adopted by municipalities, counties, and other local 19 governmental entities regarding persons using wireless electronic 20 communication devices while operating motor vehicles on the 21 public streets and highways of this State.” 22 23 SECTION 2. Section 561720 of the 1976 Code, as amended last 24 amended by Act 81 of 2017, is further amended to read: 25 26 “Section 561720. There is established a point system for the 27 evaluation of the operating record of persons to whom a license to 28 operate motor vehicles has been granted and for the determination 29 of the continuing qualifications of these persons for the privileges 30 granted by the license to operate motor vehicles. The system shall 31 have as its basic element a graduated scale of points assigning 32 relative values to the various violations in accordance with the 33 following schedule: 34 35 VIOLATION POINTS 36 Reckless driving 6 37 Passing stopped school bus 6 38 Hitandrun, property damages only 6 39 Driving too fast for conditions, or speeding: 40 (1) No more than 10 m.p.h. above the posted limits 2 41 (2) More than 10 m.p.h. but less than 25 42 m.p.h. above the posted limits 4 43 (3) 25 m.p.h. or above the posted limits 6

[4480] 4 1 Disobedience of any official traffic control device 4 2 Disobedience to officer directing traffic 4 3 Failing to yield rightofway 4 4 Driving on wrong side of road 4 5 Passing unlawfully 4 6 Turning unlawfully 4 7 Driving through or within safety zone 4 8 Failing to give signal or giving improper 9 signal for stopping, turning, or 10 suddenly decreased speed 4 11 Shifting lanes without safety precaution 2 12 Improper dangerous parking 2 13 Following too closely 4 14 Failing to dim lights 2 15 Operating with improper lights 2 16 Operating with improper brakes 4 17 Operating a vehicle in unsafe condition 2 18 Driving Under the Influence of an Electronic Device 19 DUIE (second or subsequent offense) 2 20 Driving in improper lane 2 21 Improper backing 2 22 Endangerment of a highway worker, no injury 2 23 Endangerment of a highway worker, injury results 4” 24 25 SECTION 3. The repeal or amendment by this act of any law, 26 whether temporary or permanent or civil or criminal, does not affect 27 pending actions, rights, duties, or liabilities founded thereon, or alter, 28 discharge, release or extinguish any penalty, forfeiture, or liability 29 incurred under the repealed or amended law, unless the repealed or 30 amended provision shall so expressly provide. After the effective 31 date of this act, all laws repealed or amended by this act must be 32 taken and treated as remaining in full force and effect for the purpose 33 of sustaining any pending or vested right, civil action, special 34 proceeding, criminal prosecution, or appeal existing as of the 35 effective date of this act, and for the enforcement of rights, duties, 36 penalties, forfeitures, and liabilities as they stood under the repealed 37 or amended laws. 38 39 SECTION 4. This act takes effect upon approval by the 40 Governor. 41 XX 42

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