South Carolina 2025-2026 Regular Session

South Carolina House Bill H3276 Compare Versions

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11 South Carolina General Assembly126th Session, 2025-2026
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33 Bill 3276
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55 Indicates Matter StrickenIndicates New Matter
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77 (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
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9-Indicates Matter Stricken Indicates New Matter Committee Report April 16, 2025 H. 3276 Introduced by Reps. Pope, Robbins, Chapman, W. Newton, Taylor, Forrest, McGinnis, Calhoon, Bernstein, Wooten, Hart, Erickson, Bradley, Ligon, Anderson, Schuessler, Hixon, M. M. Smith and Hartnett S. Printed 4/16/25--S. Read the first time April 15, 2025 ________ The committee on Senate Transportation To whom was referred a Bill (H. 3276) to amend the South Carolina Code of Laws by enacting the "South Carolina Hands-Free and Distracted Driving Act"; by amending Section 56-5-3890, relating to unlawful, etc., respectfully Report: That they have duly and carefully considered the same, and recommend that the same do pass with amendment: Amend the bill, as and if amended, SECTION 2, by deleting Section 56-5-3890(D)(4) from the bill. Amend the bill further, SECTION 2, by striking Section 56-5-3890(E)(1) and inserting: (1) stop a person for a violation of this section except when the officer has probable cause reasonable suspicion that a violation has occurred based on the officer's clear and unobstructed view of a person who is unlawfully using 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; Renumber sections to conform. Amend title to conform. LAWRENCE GROOMS for Committee. _______
9+ Indicates Matter Stricken Indicates New Matter Amended April 9, 2025 H. 3276 Introduced by Reps. Pope, Robbins, Chapman, W. Newton, Taylor, Forrest, McGinnis, Calhoon, Bernstein, Wooten, Hart, Erickson, Bradley, Ligon, Anderson, Schuessler, Hixon, M. M. Smith and Hartnett S. Printed 4/9/25--H. Read the first time January 14, 2025 ________
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1923 H. 3276
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2127 Introduced by Reps. Pope, Robbins, Chapman, W. Newton, Taylor, Forrest, McGinnis, Calhoon, Bernstein, Wooten, Hart, Erickson, Bradley, Ligon, Anderson, Schuessler, Hixon, M. M. Smith and Hartnett
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23-S. Printed 4/16/25--S.
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31+S. Printed 4/9/25--H.
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33+Read the first time January 14, 2025
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29-The committee on Senate Transportation
39+ A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS by ENACTing THE "SOUTH CAROLINA HANDS-FREE AND DISTRACTED DRIVING ACT"; BY AMENDING SECTION 56-5-3890, RELATING TO UNLAWFUL USE OF A WIRELESS ELECTRONIC COMMUNICATION DEVICE WHILE OPERATING A MOTOR VEHICLE, SO AS TO PROVIDE THE CIRCUMSTANCES UNDER WHICH IT IS UNLAWFUL TO USE A WIRELESS MOBILE ELECTRONIC DEVICE, TO CREATE THE OFFENSE OF DISTRACTED DRIVING AND PROVIDE PENALTIES, AND TO MAKE TECHNICAL REVISIONS; AND BY AMENDING SECTION 56-1-720, RELATING TO POINTS THAT MAY BE ASSESSED AGAINST A PERSON'S DRIVING RECORD FOR MOTOR VEHICLE DRIVING VIOLATIONS, SO AS TO PROVIDE THAT A SECOND OR SUBSEQUENT OFFENSE OF DISTRACTED DRIVING IS A TWO-POINT VIOLATION. Amend Title To Conform Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. This act may be referred to and cited as the "South Carolina Hands-Free and Distracted Driving Act." SECTION 2. Section 56-5-3890 of the S.C. Code is amended to read: Section 56-5-3890. (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 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
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31-To whom was referred a Bill (H. 3276) to amend the South Carolina Code of Laws by enacting the "South Carolina Hands-Free and Distracted Driving Act"; by amending Section 56-5-3890, relating to unlawful, etc., respectfully
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33-Report:
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35-That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
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37-Amend the bill, as and if amended, SECTION 2, by deleting Section 56-5-3890(D)(4) from the bill.
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39-Amend the bill further, SECTION 2, by striking Section 56-5-3890(E)(1) and inserting:
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41-(1) stop a person for a violation of this section except when the officer has probable cause reasonable suspicion that a violation has occurred based on the officer's clear and unobstructed view of a person who is unlawfully using 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;
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43-Renumber sections to conform.
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45-Amend title to conform.
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47-LAWRENCE GROOMS for Committee.
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49-_______
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51-A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS by ENACTing THE "SOUTH CAROLINA HANDS-FREE AND DISTRACTED DRIVING ACT"; BY AMENDING SECTION 56-5-3890, RELATING TO UNLAWFUL USE OF A WIRELESS ELECTRONIC COMMUNICATION DEVICE WHILE OPERATING A MOTOR VEHICLE, SO AS TO PROVIDE THE CIRCUMSTANCES UNDER WHICH IT IS UNLAWFUL TO USE A WIRELESS MOBILE ELECTRONIC DEVICE, TO CREATE THE OFFENSE OF DISTRACTED DRIVING AND PROVIDE PENALTIES, AND TO MAKE TECHNICAL REVISIONS; AND BY AMENDING SECTION 56-1-720, RELATING TO POINTS THAT MAY BE ASSESSED AGAINST A PERSON'S DRIVING RECORD FOR MOTOR VEHICLE DRIVING VIOLATIONS, SO AS TO PROVIDE THAT A SECOND OR SUBSEQUENT OFFENSE OF DISTRACTED DRIVING IS A TWO-POINT VIOLATION. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. This act may be referred to and cited as the "South Carolina Hands-Free and Distracted Driving Act." SECTION 2. Section 56-5-3890 of the S.C. Code is amended to read: Section 56-5-3890. (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 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 "Mobile electronic device" means a cellular telephone, portable computer, GPS receiver, electronic game, or any substantially similar
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5359 A bill
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5563 TO AMEND THE SOUTH CAROLINA CODE OF LAWS by ENACTing THE "SOUTH CAROLINA HANDS-FREE AND DISTRACTED DRIVING ACT"; BY AMENDING SECTION 56-5-3890, RELATING TO UNLAWFUL USE OF A WIRELESS ELECTRONIC COMMUNICATION DEVICE WHILE OPERATING A MOTOR VEHICLE, SO AS TO PROVIDE THE CIRCUMSTANCES UNDER WHICH IT IS UNLAWFUL TO USE A WIRELESS MOBILE ELECTRONIC DEVICE, TO CREATE THE OFFENSE OF DISTRACTED DRIVING AND PROVIDE PENALTIES, AND TO MAKE TECHNICAL REVISIONS; AND BY AMENDING SECTION 56-1-720, RELATING TO POINTS THAT MAY BE ASSESSED AGAINST A PERSON'S DRIVING RECORD FOR MOTOR VEHICLE DRIVING VIOLATIONS, SO AS TO PROVIDE THAT A SECOND OR SUBSEQUENT OFFENSE OF DISTRACTED DRIVING IS A TWO-POINT VIOLATION.
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65+ Amend Title To Conform
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5769 Be it enacted by the General Assembly of the State of South Carolina:
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5973 SECTION 1. This act may be referred to and cited as the "South Carolina Hands-Free and Distracted Driving Act."
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6177 SECTION 2. Section 56-5-3890 of the S.C. Code is amended to read:
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6381 Section 56-5-3890. (A) For purposes of this section:
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6583 (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 require the use of either hand to activate or deactivate an internal feature or function of the device.
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6785 (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.
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69-(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 "Mobile electronic device" means a cellular telephone, portable computer, GPS receiver, electronic game, or any substantially similar
87+ (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
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71-stand-alone electronic device used to communicate, display, or record digital content. "Mobile electronic device" does not include a citizens band radio, amateur radio, ham radio, commercial two-way radio or its functional equivalent, subscription-based emergency communication device, or prescribed medical device. (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 StateWhile operating a motor vehicle on any public highway of this State, a person shall not: (1) hold or support, with any part of the body, a mobile electronic device. This provision does not prohibit the use of an earpiece or device worn on a wrist to conduct voice-based communication; (2) read, compose, or transmit any text including, but not limited to, a text message, email, application interaction, or website information on a mobile electronic device; (3) watch motion including, but not limited to, a video, movie, game, or video call on a mobile electronic device. (C) This section does not apply to a personmotor vehicle operator who is: (1) lawfully parked or stopped; (2) using a hands-free wireless electronic communication device initiating a voice-based communication that is automatically converted by the device and sent as text, provided that the device is not held by the operator or supported with any part of the body by the operator; (3) summoning emergency assistance reporting an accident, emergency, or safety hazard to a public safety official; (4) transmitting or receiving data as part of a digital dispatch system while performing occupational duties; (5) a public safety official while in the performance of the person's a first responder while performing official duties; or (6) using a global positioning system device or an internal global positioning system feature or function of a wireless electronic communication mobile electronic device for the purpose of: (a) navigation, listening to audio-based content, or obtaining related traffic and road condition information in a manner that does not require the operator to type, provided that the device is not held by the operator or supported with any part of the body by the operator; (b) using a mobile electronic device to initiate or end a cellular call in a manner that does not require the operator to type, provided that the device is not held by the operator or supported with any part of the body by the operator; or (c) unlocking the device for a purpose listed in subitems (a) or (b), provided that the device is not held by the operator or supported with any part of the body by the operator; or (7) using equipment or services installed by the original manufacturer of the vehicle. (D)(1) A person who is adjudicated to be in violation of the provisions of this section is guilty of
89+ allows a person to wirelessly communicate with another person "Mobile electronic device" means a cellular telephone, portable computer, GPS receiver, electronic game, or any substantially similar stand-alone electronic device used to communicate, display, or record digital content. "Mobile electronic device" does not include a citizens band radio, amateur radio, ham radio, commercial two-way radio or its functional equivalent, subscription-based emergency communication device, or prescribed medical device. (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 StateWhile operating a motor vehicle on any public highway of this State, a person shall not: (1) hold or support, with any part of the body, a mobile electronic device. This provision does not prohibit the use of an earpiece or device worn on a wrist to conduct voice-based communication; (2) read, compose, or transmit any text including, but not limited to, a text message, email, application interaction, or website information on a mobile electronic device; (3) watch motion including, but not limited to, a video, movie, game, or video call on a mobile electronic device. (C) This section does not apply to a personmotor vehicle operator who is: (1) lawfully parked or stopped; (2) using a hands-free wireless electronic communication device initiating a voice-based communication that is automatically converted by the device and sent as text, provided that the device is not held by the operator or supported with any part of the body by the operator; (3) summoning emergency assistance reporting an accident, emergency, or safety hazard to a public safety official; (4) transmitting or receiving data as part of a digital dispatch system while performing occupational duties; (5) a public safety official while in the performance of the person's a first responder while performing official duties; or (6) using a global positioning system device or an internal global positioning system feature or function of a wireless electronic communication mobile electronic device for the purpose of: (a) navigation, listening to audio-based content, or obtaining related traffic and road condition information in a manner that does not require the operator to type, provided that the device is not held by the operator or supported with any part of the body by the operator; (b) using a mobile electronic device to initiate or end a cellular call in a manner that does not require the operator to type, provided that the device is not held by the operator or supported with any part of the body by the operator; or (c) unlocking the device for a purpose listed in subitems (a) or (b), provided that the device is not held by the operator or supported with any part of the body by the operator; or
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73-stand-alone electronic device used to communicate, display, or record digital content. "Mobile electronic device" does not include a citizens band radio, amateur radio, ham radio, commercial two-way radio or its functional equivalent, subscription-based emergency communication device, or prescribed medical device.
91+allows a person to wirelessly communicate with another person "Mobile electronic device" means a cellular telephone, portable computer, GPS receiver, electronic game, or any substantially similar stand-alone electronic device used to communicate, display, or record digital content. "Mobile electronic device" does not include a citizens band radio, amateur radio, ham radio, commercial two-way radio or its functional equivalent, subscription-based emergency communication device, or prescribed medical device.
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7593 (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 StateWhile operating a motor vehicle on any public highway of this State, a person shall not:
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7795 (1) hold or support, with any part of the body, a mobile electronic device. This provision does not prohibit the use of an earpiece or device worn on a wrist to conduct voice-based communication;
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7997 (2) read, compose, or transmit any text including, but not limited to, a text message, email, application interaction, or website information on a mobile electronic device;
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8199 (3) watch motion including, but not limited to, a video, movie, game, or video call on a mobile electronic device.
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83101 (C) This section does not apply to a personmotor vehicle operator who is:
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85103 (1) lawfully parked or stopped;
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87105 (2) using a hands-free wireless electronic communication device initiating a voice-based communication that is automatically converted by the device and sent as text, provided that the device is not held by the operator or supported with any part of the body by the operator;
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89107 (3) summoning emergency assistance reporting an accident, emergency, or safety hazard to a public safety official;
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91109 (4) transmitting or receiving data as part of a digital dispatch system while performing occupational duties;
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93111 (5) a public safety official while in the performance of the person's a first responder while performing official duties; or
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95113 (6) using a global positioning system device or an internal global positioning system feature or function of a wireless electronic communication mobile electronic device for the purpose of:
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97115 (a) navigation, listening to audio-based content, or obtaining related traffic and road condition information in a manner that does not require the operator to type, provided that the device is not held by the operator or supported with any part of the body by the operator;
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99117 (b) using a mobile electronic device to initiate or end a cellular call in a manner that does not require the operator to type, provided that the device is not held by the operator or supported with any part of the body by the operator; or
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101119 (c) unlocking the device for a purpose listed in subitems (a) or (b), provided that the device is not held by the operator or supported with any part of the body by the operator; or
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121+ (7) using equipment or services installed by the original manufacturer of the vehicle. (D)(1) A person who is adjudicated to be in violation of the provisions of this section is guilty of distracted driving and, upon conviction: (a) for a first offense, must be fined not more than twenty-five one hundred dollars, no part of which may be suspended; (b) for a second or subsequent offense, must be fined two hundred dollars, no part of which may be suspended, and must have two points assessed against his motor vehicle operating record. (2) Only those offenses which occurred within three years, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this subsection.. 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 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. (2)(3) During the first one hundred eighty days after this section's effective date, law enforcement officers shall issue only warnings for violations of this section.The Department of Public Safety must receive twenty-five percent of the fines imposed for violations of this section. Funds provided to the department pursuant to this section must be used to educate the public on the dangers of distracted driving and the provisions of this act. (4) Notwithstanding Section 56-1-640, a violation of this section must not be reported to the offender's motor vehicle insurer. (E) A law enforcement officer shall not: (1) stop a person for a violation of this section except when the officer has probable cause that a violation has occurred based on the officer's clear and unobstructed view of a person who is using 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; (2) seize, search, view, or require the forfeiture of a wireless electronic communication mobile electronic device because of a violation of this section; (3) search or request to search a motor vehicle, driveroperator, or passenger in a motor vehicle, solely because of a violation of this section; or (4) make a custodial arrest forsolely because of a violation of this section, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine.
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103123 (7) using equipment or services installed by the original manufacturer of the vehicle.
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105-(D)(1) A person who is adjudicated to be in violation of the provisions of this section is guilty of
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107-distracted driving and, upon conviction: (a) for a first offense, must be fined not more than twenty-five one hundred dollars, no part of which may be suspended; (b) for a second or subsequent offense, must be fined two hundred dollars, no part of which may be suspended, and must have two points assessed against his motor vehicle operating record. (2) Only those offenses which occurred within three years, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this subsection.. 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 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. (2)(3) During the first one hundred eighty days after this section's effective date, law enforcement officers shall issue only warnings for violations of this section.The Department of Public Safety must receive twenty-five percent of the fines imposed for violations of this section. Funds provided to the department pursuant to this section must be used to educate the public on the dangers of distracted driving and the provisions of this act. (4) Notwithstanding Section 56-1-640, a violation of this section must not be reported to the offender's motor vehicle insurer. (E) A law enforcement officer shall not: (1) stop a person for a violation of this section except when the officer has probable cause that a violation has occurred based on the officer's clear and unobstructed view of a person who is using 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; (2) seize, search, view, or require the forfeiture of a wireless electronic communication mobile electronic device because of a violation of this section; (3) search or request to search a motor vehicle, driveroperator, or passenger in a motor vehicle, solely because of a violation of this section; or (4) make a custodial arrest forsolely because of a violation of this section, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. (F) The Department of Motor Vehicles shall maintain and provide citation information pursuant to this section to the Department of Public Safety. The Department of Public Safety shall maintain
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109-distracted driving and, upon conviction:
125+ (D)(1) A person who is adjudicated to be in violation of the provisions of this section is guilty of distracted driving and, upon conviction:
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111127 (a) for a first offense, must be fined not more than twenty-five one hundred dollars, no part of which may be suspended;
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113129 (b) for a second or subsequent offense, must be fined two hundred dollars, no part of which may be suspended, and must have two points assessed against his motor vehicle operating record.
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115131 (2) Only those offenses which occurred within three years, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this subsection.. 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 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:
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117133 (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
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119135 (b) reported to the offender's motor vehicle insurer.
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121137 (2)(3) During the first one hundred eighty days after this section's effective date, law enforcement officers shall issue only warnings for violations of this section.The Department of Public Safety must receive twenty-five percent of the fines imposed for violations of this section. Funds provided to the department pursuant to this section must be used to educate the public on the dangers of distracted driving and the provisions of this act.
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123139 (4) Notwithstanding Section 56-1-640, a violation of this section must not be reported to the offender's motor vehicle insurer.
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125141 (E) A law enforcement officer shall not:
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127143 (1) stop a person for a violation of this section except when the officer has probable cause that a violation has occurred based on the officer's clear and unobstructed view of a person who is using 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;
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129145 (2) seize, search, view, or require the forfeiture of a wireless electronic communication mobile electronic device because of a violation of this section;
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131147 (3) search or request to search a motor vehicle, driveroperator, or passenger in a motor vehicle, solely because of a violation of this section; or
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133149 (4) make a custodial arrest forsolely because of a violation of this section, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine.
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135-(F) The Department of Motor Vehicles shall maintain and provide citation information pursuant to this section to the Department of Public Safety. The Department of Public Safety shall maintain
151+ (F) The Department of Motor Vehicles shall maintain and provide citation information pursuant to this section to the Department of Public Safety. The Department of Public Safety shall maintain statistical information regarding citations issued pursuant to this section. (G) This section preempts local ordinances, regulations, and resolutions adopted by municipalities, counties, and other local governmental entities political subdivisions regarding persons using wireless mobile electronic communication devices while operating motor vehicles on the public streets and highways of this State. (H) The provisions of this section are not subject to the provisions contained in Section 17-13-10 and Section 17-13-20, both of which are related to what is commonly referred to as "citizens arrest." SECTION 3. Section 56-1-720 of the S.C. Code is amended to read: Section 56-1-720. There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule: 18 VIOLATION POINTS 19 Reckless driving 6 20 21 Passing stopped school bus 6 22 23 24 Hit-and-run, property damages only 6 25 26 27 Driving too fast for conditions, or speeding: 28 29 30 (1) No more than 10 m.p.h. above the posted limits 2 31 32 33 34 35 (2) More than 10 m.p.h. but less than 25 m.p.h. above the posted limits 4
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137-statistical information regarding citations issued pursuant to this section. (G) This section preempts local ordinances, regulations, and resolutions adopted by municipalities, counties, and other local governmental entities political subdivisions regarding persons using wireless mobile electronic communication devices while operating motor vehicles on the public streets and highways of this State. (H) The provisions of this section are not subject to the provisions contained in Section 17-13-10 and Section 17-13-20, both of which are related to what is commonly referred to as "citizens arrest." SECTION 3. Section 56-1-720 of the S.C. Code is amended to read: Section 56-1-720. There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule: 16 VIOLATION POINTS 17 Reckless driving 6 18 19 Passing stopped school bus 6 20 21 22 Hit-and-run, property damages only 6 23 24 25 Driving too fast for conditions, or speeding: 26 27 28 (1) No more than 10 m.p.h. above the posted limits 2 29 30 31 32 33 (2) More than 10 m.p.h. but less than 25 m.p.h. above the posted limits 4 34 35 (3) 25 m.p.h. or above the posted limits 6
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139-statistical information regarding citations issued pursuant to this section.
153+ (F) The Department of Motor Vehicles shall maintain and provide citation information pursuant to this section to the Department of Public Safety. The Department of Public Safety shall maintain statistical information regarding citations issued pursuant to this section.
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141155 (G) This section preempts local ordinances, regulations, and resolutions adopted by municipalities, counties, and other local governmental entities political subdivisions regarding persons using wireless mobile electronic communication devices while operating motor vehicles on the public streets and highways of this State.
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143157 (H) The provisions of this section are not subject to the provisions contained in Section 17-13-10 and Section 17-13-20, both of which are related to what is commonly referred to as "citizens arrest."
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145161 SECTION 3. Section 56-1-720 of the S.C. Code is amended to read:
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147165 Section 56-1-720. There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:
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149-16 VIOLATION POINTS
150-17 Reckless driving 6
151-18 19 Passing stopped school bus 6
152-20 21 22 Hit-and-run, property damages only 6
153-23 24 25 Driving too fast for conditions, or speeding:
154-26 27 28 (1) No more than 10 m.p.h. above the posted limits 2
155-29 30 31 32 33 (2) More than 10 m.p.h. but less than 25 m.p.h. above the posted limits 4
156-34 35 (3) 25 m.p.h. or above the posted limits 6
167+18 VIOLATION POINTS
168+19 Reckless driving 6
169+20 21 Passing stopped school bus 6
170+22 23 24 Hit-and-run, property damages only 6
171+25 26 27 Driving too fast for conditions, or speeding:
172+28 29 30 (1) No more than 10 m.p.h. above the posted limits 2
173+31 32 33 34 35 (2) More than 10 m.p.h. but less than 25 m.p.h. above the posted limits 4
157174
158-
159-
160-16
175+18
161176
162177 VIOLATION
163178
164179 POINTS
165180
166-17
181+
182+
183+
184+
185+
186+
187+19
167188
168189 Reckless driving
169190
170191 6
171192
172-18
173193
174-19
194+
195+
196+
197+
198+
199+20
200+
201+21
175202
176203 Passing stopped school bus
177204
178205 6
179206
180-20
181207
182-21
208+
209+
210+
211+
183212
184213 22
214+
215+23
216+
217+24
185218
186219 Hit-and-run, property damages only
187220
188221 6
189222
190-23
191223
192-24
224+
225+
226+
227+
193228
194229 25
195-
196-Driving too fast for conditions, or speeding:
197230
198231 26
199232
200233 27
201234
235+Driving too fast for conditions, or speeding:
236+
237+
238+
239+
240+
241+
242+
243+
244+
202245 28
246+
247+29
248+
249+30
250+
251+
203252
204253 (1)
205254
206255 No more than 10 m.p.h. above the posted limits
207256
208257 2
209258
210-29
211259
212-30
213260
214261 31
215-
216-32
217-
218-33
219-
220-(2)
221-
222-More than 10 m.p.h. but less than 25 m.p.h. above the posted limits
223-
224-4
225-
226-34
227-
228-35
229-
230-(3)
231-
232-25 m.p.h. or above the posted limits
233-
234-6
235-
236-1 2 3 Disobedience of any official traffic control device 4 4 5 6 Disobedience to officer directing traffic 4 7 8 Failing to yield right-of-way 4 9 10 Driving on wrong side of road 4 11 12 Passing unlawfully 4 13 14 Turning unlawfully 4 15 16 17 Driving through or within safety zone 4 18 19 20 Shifting lanes without safety precaution 2 21 22 23 Improper dangerous parking 2 24 25 Following too closely 4 26 27 Failing to dim lights 2 28 29 Operating with improper lights 2 30 31 Operating with improper brakes 4 32 33 34 35 Distracted driving (second or subsequent offense) 2
237-
238-1 2 3 Disobedience of any official traffic control device 4
239-4 5 6 Disobedience to officer directing traffic 4
240-7 8 Failing to yield right-of-way 4
241-9 10 Driving on wrong side of road 4
242-11 12 Passing unlawfully 4
243-13 14 Turning unlawfully 4
244-15 16 17 Driving through or within safety zone 4
245-18 19 20 Shifting lanes without safety precaution 2
246-21 22 23 Improper dangerous parking 2
247-24 25 Following too closely 4
248-26 27 Failing to dim lights 2
249-28 29 Operating with improper lights 2
250-30 31 Operating with improper brakes 4
251-32 33 34 35 Distracted driving (second or subsequent offense) 2
252-
253-
254-
255-1
256-
257-2
258-
259-3
260-
261-Disobedience of any official traffic control device
262-
263-4
264-
265-4
266-
267-5
268-
269-6
270-
271-Disobedience to officer directing traffic
272-
273-4
274-
275-7
276-
277-8
278-
279-Failing to yield right-of-way
280-
281-4
282-
283-9
284-
285-10
286-
287-Driving on wrong side of road
288-
289-4
290-
291-11
292-
293-12
294-
295-Passing unlawfully
296-
297-4
298-
299-13
300-
301-14
302-
303-Turning unlawfully
304-
305-4
306-
307-15
308-
309-16
310-
311-17
312-
313-Driving through or within safety zone
314-
315-4
316-
317-18
318-
319-19
320-
321-20
322-
323-Shifting lanes without safety precaution
324-
325-2
326-
327-21
328-
329-22
330-
331-23
332-
333-Improper dangerous parking
334-
335-2
336-
337-24
338-
339-25
340-
341-Following too closely
342-
343-4
344-
345-26
346-
347-27
348-
349-Failing to dim lights
350-
351-2
352-
353-28
354-
355-29
356-
357-Operating with improper lights
358-
359-2
360-
361-30
362-
363-31
364-
365-Operating with improper brakes
366-
367-4
368262
369263 32
370264
371265 33
372266
373267 34
374268
375269 35
376270
377-Distracted driving (second or subsequent offense)
271+
272+
273+(2)
274+
275+More than 10 m.p.h. but less than 25 m.p.h. above the posted limits
276+
277+4
278+
279+
280+
281+ 1 2 (3) 25 m.p.h. or above the posted limits 6 3 4 5 Disobedience of any official traffic control device 4 6 7 8 Disobedience to officer directing traffic 4 9 10 Failing to yield right-of-way 4 11 12 Driving on wrong side of road 4 13 14 Passing unlawfully 4 15 16 Turning unlawfully 4 17 18 19 Driving through or within safety zone 4 20 21 22 Shifting lanes without safety precaution 2 23 24 25 Improper dangerous parking 2 26 27 Following too closely 4 28 29 Failing to dim lights 2 30 31 Operating with improper lights 2 32 33 Operating with improper brakes 4
282+
283+1 2 (3) 25 m.p.h. or above the posted limits 6
284+3 4 5 Disobedience of any official traffic control device 4
285+6 7 8 Disobedience to officer directing traffic 4
286+9 10 Failing to yield right-of-way 4
287+11 12 Driving on wrong side of road 4
288+13 14 Passing unlawfully 4
289+15 16 Turning unlawfully 4
290+17 18 19 Driving through or within safety zone 4
291+20 21 22 Shifting lanes without safety precaution 2
292+23 24 25 Improper dangerous parking 2
293+26 27 Following too closely 4
294+28 29 Failing to dim lights 2
295+30 31 Operating with improper lights 2
296+32 33 Operating with improper brakes 4
297+
298+1
378299
379300 2
380301
381-1 2 3 Operating a vehicle in unsafe condition 2 4 5 Driving in improper lane 2 6 Improper backing 2 7 8 9 Endangerment of a highway worker, no injury 2 10 11 12 13 Endangerment of a highway worker, injury results 4
382-
383-1 2 3 Operating a vehicle in unsafe condition 2
384-4 5 Driving in improper lane 2
385-6 Improper backing 2
386-7 8 9 Endangerment of a highway worker, no injury 2
387-10 11 12 13 Endangerment of a highway worker, injury results 4
388302
389303
304+(3)
305+
306+25 m.p.h. or above the posted limits
307+
308+6
309+
310+
311+
312+3
313+
314+4
315+
316+5
317+
318+Disobedience of any official traffic control device
319+
320+4
321+
322+
323+
324+
325+
326+
327+
328+6
329+
330+7
331+
332+8
333+
334+Disobedience to officer directing traffic
335+
336+4
337+
338+
339+
340+
341+
342+
343+
344+9
345+
346+10
347+
348+Failing to yield right-of-way
349+
350+4
351+
352+
353+
354+
355+
356+
357+
358+11
359+
360+12
361+
362+Driving on wrong side of road
363+
364+4
365+
366+
367+
368+
369+
370+
371+
372+13
373+
374+14
375+
376+Passing unlawfully
377+
378+4
379+
380+
381+
382+
383+
384+
385+
386+15
387+
388+16
389+
390+Turning unlawfully
391+
392+4
393+
394+
395+
396+
397+
398+
399+
400+17
401+
402+18
403+
404+19
405+
406+Driving through or within safety zone
407+
408+4
409+
410+
411+
412+
413+
414+
415+
416+20
417+
418+21
419+
420+22
421+
422+Shifting lanes without safety precaution
423+
424+2
425+
426+
427+
428+
429+
430+
431+
432+23
433+
434+24
435+
436+25
437+
438+Improper dangerous parking
439+
440+2
441+
442+
443+
444+
445+
446+
447+
448+26
449+
450+27
451+
452+Following too closely
453+
454+4
455+
456+
457+
458+
459+
460+
461+
462+28
463+
464+29
465+
466+Failing to dim lights
467+
468+2
469+
470+
471+
472+
473+
474+
475+
476+30
477+
478+31
479+
480+Operating with improper lights
481+
482+2
483+
484+
485+
486+
487+
488+
489+
490+32
491+
492+33
493+
494+Operating with improper brakes
495+
496+4
497+
498+
499+
500+
501+
502+
503+
504+ 1 2 3 4 Distracted driving (second or subsequent offense) 2 5 6 7 Operating a vehicle in unsafe condition 2 8 9 Driving in improper lane 2 10 Improper backing 2 11 12 13 Endangerment of a highway worker, no injury 2 14 15 16 17 Endangerment of a highway worker, injury results 4
505+
506+1 2 3 4 Distracted driving (second or subsequent offense) 2
507+5 6 7 Operating a vehicle in unsafe condition 2
508+8 9 Driving in improper lane 2
509+10 Improper backing 2
510+11 12 13 Endangerment of a highway worker, no injury 2
511+14 15 16 17 Endangerment of a highway worker, injury results 4
390512
391513 1
392514
393515 2
394516
395517 3
396518
519+4
520+
521+Distracted driving (second or subsequent offense)
522+
523+2
524+
525+
526+
527+
528+
529+
530+
531+5
532+
533+6
534+
535+7
536+
397537 Operating a vehicle in unsafe condition
398538
399539 2
400540
401-4
402541
403-5
542+
543+
544+
545+
546+
547+8
548+
549+9
404550
405551 Driving in improper lane
406552
407553 2
408554
409-6
555+
556+
557+
558+
559+
560+
561+10
410562
411563 Improper backing
412564
413565 2
414566
415-7
416567
417-8
418568
419-9
420569
421-Endangerment of a highway worker, no injury
422570
423-2
424571
425-10
426572
427573 11
428574
429575 12
430576
431577 13
432578
579+Endangerment of a highway worker, no injury
580+
581+2
582+
583+
584+
585+
586+
587+
588+
589+14
590+
591+15
592+
593+16
594+
595+17
596+
433597 Endangerment of a highway worker, injury results
434598
435599 4
436600
437-SECTION 4. At every interstate highway ingress, the Department of Transportation shall erect a sign advising motorists of this act. SECTION 5. During the first one hundred eighty days after the effective date of this act, law enforcement officers shall only issue warnings for violations of Section 56-5-3890, as amended by this act. SECTION 6. At the end of each fiscal year, the Department of Public Safety shall report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Transportation Committee, and the Chairman of the House Education and Public Works Committee the age, gender, and race of every driver issued a citation, as well as every instance that a citation is not issued following a traffic stop made pursuant to this act. The data must be reported at least by statewide totals for local law enforcement agencies, state law enforcement agencies, and state university law enforcement agencies. The statewide total for local law enforcement agencies shall combine the data collected by county and the municipal law enforcement agencies. SECTION 7. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full
601+
602+
603+
604+
605+
606+
607+ SECTION 4. At every interstate highway ingress, the Department of Transportation shall erect a sign advising motorists of this act. SECTION 5. During the first one hundred eighty days after the effective date of this act, law enforcement officers shall only issue warnings for violations of Section 56-5-3890, as amended by this act. SECTION 6. At the end of each fiscal year, the Department of Public Safety shall report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Transportation Committee, and the Chairman of the House Education and Public Works Committee the age, gender, and race of every driver issued a citation, as well as every instance that a citation is not issued following a traffic stop made pursuant to this act. The data must be reported at least by statewide totals for local law enforcement agencies, state law enforcement agencies, and state university law enforcement agencies. The statewide total for local law enforcement agencies shall combine the data collected by county and the municipal law enforcement agencies. SECTION 7. The repeal or amendment by this act of any law, whether temporary or permanent or
608+
609+
610+
611+
438612
439613 SECTION 4. At every interstate highway ingress, the Department of Transportation shall erect a sign advising motorists of this act.
440614
615+
616+
441617 SECTION 5. During the first one hundred eighty days after the effective date of this act, law enforcement officers shall only issue warnings for violations of Section 56-5-3890, as amended by this act.
442618
443-SECTION 6. At the end of each fiscal year, the Department of Public Safety shall report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Transportation Committee, and the Chairman of the House Education and Public Works Committee the age, gender, and race of every driver issued a citation, as well as every instance that a citation is not issued following a traffic stop made pursuant to this act. The data must be reported at least by statewide totals for local law enforcement agencies, state law enforcement agencies, and state university law enforcement agencies. The statewide total for local law enforcement agencies shall combine the data collected by county and the municipal law enforcement agencies.
444619
445-SECTION 7. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full
446620
447-force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. SECTION 8. This act takes effect one year after approval by the Governor. ----XX----
621+SECTION 6. At the end of each fiscal year, the Department of Public Safety shall report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Chairman of
622+
623+the Senate Transportation Committee, and the Chairman of the House Education and Public Works Committee the age, gender, and race of every driver issued a citation, as well as every instance that a citation is not issued following a traffic stop made pursuant to this act. The data must be reported at least by statewide totals for local law enforcement agencies, state law enforcement agencies, and state university law enforcement agencies. The statewide total for local law enforcement agencies shall combine the data collected by county and the municipal law enforcement agencies.
624+
625+
626+
627+SECTION 7. The repeal or amendment by this act of any law, whether temporary or permanent or
628+
629+ civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. SECTION 8. This act takes effect one year after approval by the Governor. ----XX----
630+
631+civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full
448632
449633 force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
634+
635+
450636
451637 SECTION 8. This act takes effect one year after approval by the Governor.
452638
453639 ----XX----
454640
455-This web page was last updated on April 16, 2025 at 07:38 PM
641+This web page was last updated on April 09, 2025 at 08:32 PM