South Carolina General Assembly
110th Session, 1993-1994

Bill 3024


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3024
Primary Sponsor:                Sheheen
Committee Number:               21
Type of Legislation:            GB
Subject:                        Radar detection devices
Residing Body:                  House
Current Committee:              Education and Public Works
Computer Document Number:       JIC/6797.HC
Introduced Date:                19930112    
Last History Body:              House
Last History Date:              19930112    
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Sheheen
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3024  House   19930112      Introduced, read first time,    21
                            referred to Committee

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5035 SO AS TO PROHIBIT THE USE OF DEVICES OR MECHANISMS ON MOTOR VEHICLES TO DETECT THE PRESENCE OF RADAR WHICH MEASURES THE SPEED OF MOTOR VEHICLES AND PROVIDE PENALTIES.

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

SECTION 1. Article 35, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-5035. (A) It is unlawful for a person to operate a motor vehicle on the highways of this State when the vehicle is equipped with a device or mechanism to detect the emission of radio microwaves in the electromagnetic spectrum, which microwaves are employed by law enforcement officers to measure the speed of motor vehicles for law enforcement purposes.

(B) It is unlawful to sell the device or mechanism in this State.

(C) This section does not apply to a receiver of radio waves utilized for lawful purposes to receive a signal from a frequency lawfully licensed by a state or federal agency.

(D) A person violating this section is guilty of a misdemeanor and, on conviction, must be fined not less than twenty-five nor more than one hundred dollars.

(E) This section authorizes the forfeiture to the State of the device or mechanism. It may be taken by the arresting officer if needed as evidence. When no longer needed, it must be returned to the person charged with the violation or, at that person's request and expense, mailed to an address he specifies. Unclaimed devices may be destroyed upon court order after six months have elapsed from the final date for filing an appeal.

(F) The presence of the device or mechanism in or on a motor vehicle on the highways when it is accessible or readily available for use is prima facie evidence of a violation.

(G) This section does not apply to motor vehicles owned by the State or its political subdivisions and used by a law enforcement officer in his official duties nor to the sale of the device or mechanism to law enforcement agencies for use in their official duties."

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

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