2009-2010 Bill 642: Cell Phones - South Carolina Legislature Online

1 South Carolina General Assembly 2 118th Session, 2009-2010 3 4 S. 642 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Alexander, Ford and Knotts 10 Document Path: l:\s-gen\drafting\tca\002cell.jd.tca.docx 11 12 Introduced in the Senate on March 31, 2009 13 Currently residing in the Senate 14 15 Summary: Cell phones 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 3/31/2009 Senate Introduced and read first time SJ9 22 3/31/2009 Senate Referred to Committee on Judiciary SJ9 23 1/25/2010 Senate Referred to Subcommittee: Knotts (ch), Massey, Coleman 24 2/17/2010 Senate Committee report: Favorable with amendment Judiciary SJ12 25 2/18/2010 Senate Committee Amendment Adopted SJ9 26 2/19/2010 Scrivener's error corrected 27 5/4/2010 Senate Special order, set for May 4, 2010 SJ38 28 5/19/2010 Senate Debate interrupted SJ65 29 30 31 VERSIONS OF THIS BILL 32 33 3/31/2009 34 2/17/2010 35 2/19/2010 36 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE AMENDMENT ADOPTED 5 February 18, 2010 6 7 S. 642 8 9 Introduced by Senators Alexander and Ford 10 11 S. Printed 2/18/10--S. [SEC 2/19/10 4:13 PM] 12 Read the first time March 31, 2009.

[642-2] 1 2 3 4 5 6 7 8 A BILL 9 10 TO AMEND ARTICLE 31, CHAPTER 5, TITLE 56, CODE OF 11 LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12 5653890 TO PROVIDE THAT A PERSON UNDER THE AGE 13 OF EIGHTEEN MAY NOT OPERATE A MOTOR VEHICLE 14 WHILE USING A CELL PHONE OR OTHER WIRELESS 15 COMMUNICATIONS DEVICE AND TO PROVIDE FOR 16 PENALTIES AND EXCEPTIONS. 17 Amend Title To Conform 18 19 Be it enacted by the General Assembly of the State of South 20 Carolina: 21 22 SECTION 1. Article 31, Chapter 5, Title 56 of the 1976 Code is 23 amended by adding: 24 25 “Section 56-5-3890. (A) For purposes of this section: 26 (1) ‘Hands-free wireless electronic communication device’ 27 means an electronic device, including, but not limited to, a mobile 28 telephone, a personal digital assistant, a text messaging device, or 29 a computer, that allows a person to wirelessly communicate with 30 another person without the use of either hand by utilizing an 31 internal feature or function of the device, an attachment, or an 32 additional device. A handsfree wireless electronic communication 33 device may require the use of either hand to activate or deactivate 34 an internal feature or function of the device. 35 (2) ‘Text-based communication’ means a communication 36 using text-based information, including, but not limited to, a text 37 message, an SMS message, an instant message, or an electronic 38 mail message. 39 (3) ‘Wireless electronic communication device’ means an 40 electronic device that allows a person to wirelessly communicate 41 with another person, including, but not limited to, a mobile

[642] 3 1 telephone, a personal digital assistant, a text messaging device, or 2 a computer. 3 (B) It is unlawful for a person to use a wireless electronic 4 communication device to compose, send, or read a text-based 5 communication while operating a motor vehicle on the public 6 streets and highways of this State. 7 (C) This section does not apply to a person who is: 8 (1) lawfully parked or stopped; 9 (2) using a hands-free wireless electronic communication 10 device or a voice-activated feature or function of the device; 11 (3) activating or deactivating a wireless electronic 12 communication device or an internal feature or function of the 13 device; 14 (4) reading, selecting, or entering a telephone number or 15 contact in a wireless electronic communication device for the 16 purpose of making or receiving a telephone call; 17 (5) summoning medical or other emergency assistance; 18 (6) transmitting or receiving data as part of a digital dispatch 19 system; 20 (7) a law enforcement officer, firefighter, emergency 21 medical technician, or other public safety official while in the 22 performance of the person’s official duties; or 23 (8) using a global positioning system device or an internal 24 global positioning system feature or function of a wireless 25 electronic communication device for the purpose of navigation or 26 obtaining related traffic and road condition information. 27 (D) A person who violates this section is guilty of a 28 misdemeanor and, upon conviction, must be fined twenty dollars, 29 pay a twenty-five dollar Trauma Care Fund surcharge, and have 30 one point assessed against the person’s motor vehicle operating 31 record, pursuant to Section 56-1-720, no part of which may be 32 waived, reduced, or suspended. The fine is subject to all other 33 applicable court costs, assessments, and surcharges. The Trauma 34 Care Fund surcharge must be deposited with the city or county 35 treasurer, as applicable, for remittance to the State Treasurer. The 36 State Treasurer shall deposit the Trauma Care Fund surcharge in 37 the South Carolina State Trauma Care Fund to be used by the 38 Department of Health and Environmental Control as established 39 and provided for in Section 44-61-540. The Trauma Care Fund 40 surcharge is not subject to the provisions of Section 44-61-520(G). 41 If the person does not subsequently violate this section for a one- 42 year period from the date of conviction, the one point assessed

[642] 4 1 against the person’s motor vehicle operating record must be 2 removed. 3 (E) A law enforcement officer must not: 4 (1) stop a person for a violation of this section except when 5 the officer has probable cause that a violation has occurred based 6 on the officer’s clear and unobstructed view of a person who is 7 using a wireless electronic communication device to compose, 8 send, or read a text-based communication while operating a motor 9 vehicle on the public streets and highways of this State; 10 (2) seize or require the forfeiture of a wireless electronic 11 communication device because of a violation of this section; 12 (3) search or request to search a motor vehicle, driver, or 13 passenger in a motor vehicle, solely because of a violation of this 14 section; 15 (4) make a custodial arrest for a violation of this section, 16 except upon a warrant issued for failure to appear in court when 17 summoned or for failure to pay an imposed fine; or 18 (5) issue a citation to a person for a violation of this section 19 when the stop is made in conjunction with a driver’s license check, 20 safety check, or registration check conducted at a checkpoint 21 established to stop all drivers on a certain road for a period of time, 22 except when the person is cited for violating another motor vehicle 23 law. 24 (F) A person charged with a violation of this section may admit 25 or deny the violation, enter a plea of nolo contendere, or be tried 26 before either a judge or a jury. If the trier of fact is convinced 27 beyond a reasonable doubt that the person was using a wireless 28 electronic communication device to compose, send, or read a text- 29 based communication while operating a motor vehicle on the 30 public streets and highways of this State at the time of the incident, 31 the penalty is a fine, surcharge, and points assessment pursuant to 32 subsection (D). If the trier of fact determines that the State has 33 failed to prove beyond a reasonable doubt that the person was 34 using a wireless electronic communication device to compose, 35 send, or read a text-based communication while operating a motor 36 vehicle on the public streets and highways of this State, no penalty 37 shall be assessed. A person found to be in violation of this section 38 may bring an appeal to the court of common pleas pursuant to 39 Section 18310 or Section 142595. 40 (G) This section preempts local ordinances, regulations, and 41 resolutions adopted by municipalities, counties, and other local 42 government entities regarding persons using wireless electronic

[642] 5 1 communication devices while operating motor vehicles on the 2 public streets and highways of this State. 3 (H) Nothing in this section is intended to conflict with 4 enforcement of applicable restrictions or requirements imposed on 5 commercial motor vehicle operators pursuant to the Federal Motor 6 Carrier Safety Regulations.” 7 8 SECTION 2. Section 56-1-720 of the 1976 Code is amended to 9 read: 10 11 “Section 561720. There is established a point system for the 12 evaluation of the operating record of persons to whom a license to 13 operate motor vehicles has been granted and for the determination 14 of the continuing qualifications of these persons for the privileges 15 granted by the license to operate motor vehicles. The system shall 16 have as its basic element a graduated scale of points assigning 17 relative values to the various violations in accordance with the 18 following schedule: 19 VIOLATION POINTS 20 Reckless driving …………...... 6 21 Passing stopped school bus...... 6 22 Hitandrun, property damages only...... 6 23 Driving too fast for conditions, or speeding: 24 (1) No more than 10 m.p.h. above the 25 posted limits……...... 2 26 (2) More than 10 m.p.h. but less than 25 27 m.p.h. above the posted limits ...... 4 28 (3) 25 m.p.h. or above the posted limits ...... 6 29 Disobedience of any official traffic control 30 device ………………...... 4 31 Disobedience to officer directing traffic ...... 4 32 Failing to yield right of way ...... 4 33 Driving on wrong side of road ...... 4 34 Passing unlawfully ...... 4 35 Turning unlawfully...... 4 36 Driving through or within safety zone ...... 4 37 Failing to give signal or giving improper 38 signal for stopping, turning, or suddenly 39 decreased speed ...... 4 40 Shifting lanes without safety precaution ...... 2 41 Improper dangerous parking ...... 2 42 Following too closely ...... 4 43 Failing to dim lights ...... 2

[642] 6 1 Operating with improper lights ...... 2 2 Operating with improper brakes ...... 4 3 Operating a vehicle in unsafe condition ...... 2 4 Driving in improper lane ...... 2 5 Improper backing …...... 2 6 Using a wireless electronic communication 7 device to compose, send, or read a text-based 8 communication while operating a motor vehicle ……………1.” 9 10 SECTION 3. This act takes effect upon approval by the 11 Governor. 12 XX 13

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