A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-1885, RELATING TO OVERTAKING AND PASSING ANOTHER VEHICLE IN THE FARTHEST LEFT-HAND LANE OF A CONTROLLED ACCESS HIGHWAY, SO AS TO ESTABLISH CRIMINAL PENALTIES FOR VIOLATIONS OF THIS SEcTION, AS WELL AS THE ASSESSMENT OF POINTS AGAINST A PERSON'S MOTOR VEHICLE DRIVING RECORD.

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

SECTION 1.  Section 56-5-1885(E) of the S.C. Code is amended to read:

    (E)(1) A person who is adjudicated to be in violation ofviolates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than twenty-fivetwo hundred dollars or imprisoned for not more than thirty days, 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 custodial arrest for a violation of this section must not be made, except upon a warrant issued for a failure to appear in court when summoned or for a 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;

           (b) included in the criminal records maintained by SLED;  or

           (c) reported to the offender's motor vehicle insurer.

       (2) A violation of person who violates the provisions of this section must have two points assessed against his motor vehicle driving record pursuant to Section 56-1-720is not negligence per se, or contributory negligence, and is not admissible as evidence in a civil action.

       (3) A law enforcement officer must not search, and may not request consent to search, a vehicle, or the driver or occupant of the vehicle, solely because of a violation of this section.

       (4) A person charged with a violation of this section may admit or deny the violation, enter a plea of nolo contendere, or be tried before either a judge or a jury.  If the trier of fact is convinced beyond a reasonable doubt that the person violated the provisions of this section, then the penalty is a civil fine pursuant to item (1) of this subsection.  If the trier of fact determines that the State has failed to prove beyond a reasonable doubt that the person violated the provisions of this section, then no penalty shall be assessed.

       (5) A person found to be in violation of this section may bring an appeal to the court of common pleas.

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

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