H*3316(Rat #0511, Act #0379 of 1998)  General Bill, By G. Brown
 A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON
 CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE WHEN THE SUSPENSION
 PERIOD BEGINS, AND TO PROVIDE THAT A PERSON MAY APPEAL THE SUSPENSION AND
 RECEIVE A CERTIFICATE TO OPERATE A MOTOR VEHICLE FOR SIXTY DAYS AFTER THE
 SUSPENSION PERIOD BEGINS; TO AMEND SECTION 56-5-2910, AS AMENDED, RELATING TO
 RECKLESS HOMICIDE, PENALTIES, AND REVOCATION OF A DRIVER'S LICENSE, SO AS TO
 PROVIDE A PROCEDURE THAT ALLOWS A PERSON WHOSE DRIVER'S LICENSE HAS BEEN
 REVOKED TO HAVE HIS DRIVER'S LICENSE REINSTATED, OBTAIN A ROUTE RESTRICTED
 PROVISIONAL DRIVER'S LICENSE, OR A DRIVER'S LICENSE WITH CERTAIN RESTRICTIONS
 PLACED ON IT; AND TO AMEND SECTION 56-1-365, AS AMENDED, RELATING TO THE
 SURRENDER OF A DRIVER'S LICENSE BY A PERSON AFTER BEING ADJUDICATED FOR AN
 OFFENSE WHICH REQUIRES HIS DRIVER'S LICENSE TO BE REVOKED OR SUSPENDED, SO AS
 TO MAKE TECHNICAL CHANGES.-AMENDED TITLE

   01/28/97  House  Introduced and read first time HJ-14
   01/28/97  House  Referred to Committee on Judiciary HJ-14
   03/19/97  House  Committee report: Favorable Judiciary HJ-15
   03/20/97  House  Read second time HJ-10
   03/20/97  House  Unanimous consent for third reading on next
                     legislative day HJ-13
   03/21/97  House  Read third time and sent to Senate HJ-1
   03/25/97  Senate Introduced and read first time SJ-4
   03/25/97  Senate Referred to Committee on Judiciary SJ-4
   04/16/97  Senate Committee report: Favorable with amendment
                     Judiciary SJ-13
   05/29/97  Senate Amended SJ-62
   05/29/97  Senate Read second time SJ-62
   05/29/97  Senate Ordered to third reading with notice of
                     amendments SJ-62
   05/27/98  Senate Recommitted to Committee on Judiciary SJ-116
   06/02/98  Senate Recalled from Committee on Judiciary SJ-18
   06/02/98  Senate Amended SJ-18
   06/02/98  Senate Read third time and returned to House with
                     amendments SJ-18
   06/04/98  House  Senate amendment amended HJ-11
   06/04/98  House  Debate adjourned HJ-14
   06/04/98  House  Returned to Senate with amendments HJ-179
   06/04/98  Senate Concurred in House amendment and enrolled SJ-45
   06/10/98         Ratified R 511
   06/17/98         Became law without Governor's signature
   06/23/98         Effective date 06/17/98
   06/23/98         Copies available
   06/30/98         Act No. 379

AN ACT TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE WHEN THE SUSPENSION PERIOD BEGINS, AND TO PROVIDE THAT A PERSON MAY APPEAL THE SUSPENSION AND RECEIVE A CERTIFICATE TO OPERATE A MOTOR VEHICLE FOR SIXTY DAYS AFTER THE SUSPENSION PERIOD BEGINS; TO AMEND 56-5-2910, AS AMENDED, RELATING TO RECKLESS HOMICIDE, PENALTIES, AND REVOCATION OF A DRIVER'S LICENSE, SO AS TO PROVIDE A PROCEDURE THAT ALLOWS A PERSON WHOSE DRIVER'S LICENSE HAS BEEN REVOKED TO HAVE HIS DRIVER'S LICENSE REINSTATED, OBTAIN A ROUTE RESTRICTED PROVISIONAL DRIVER'S LICENSE, OR A DRIVER'S LICENSE WITH CERTAIN RESTRICTIONS PLACED ON IT; AND TO AMEND SECTION 56-1-365, AS AMENDED, RELATING TO THE SURRENDER OF A DRIVER'S LICENSE BY A PERSON AFTER BEING ADJUDICATED FOR AN OFFENSE WHICH REQUIRES HIS DRIVER'S LICENSE TO BE REVOKED OR SUSPENDED, SO AS TO MAKE TECHNICAL CHANGES.

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

Driver's license suspension period

SECTION 1. Section 56-5-2990 of the 1976 Code, as last amended by Act 258 of 1997, is further amended by adding at the end:

Except as provided for in Section 56-1-365(D) and (E), the driver's license suspension periods under this section begin on the date the person is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930, or for the violation of any other law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics; however, a person is not prohibited from filing a notice of appeal and receiving a certificate which entitles him to operate a motor vehicle for a period of sixty days after the conviction, plea of guilty or nolo contendere, or bail forfeiture pursuant to Section 56-1-365(F).

Reckless homicide

SECTION 2. Section 56-5-2910 of the 1976 Code, as last amended by Act 509 of 1994, is further amended to read:

"Section 56-5-2910. (A) When the death of a person ensues within one year as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless homicide is guilty of a felony and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The department shall revoke for five years the driver's license of a person convicted of reckless homicide.

(B) After one year from the date of revocation, the person whose driver's license has been revoked for five years pursuant to Subsection (A) may petition the circuit court in the county of his residence for reinstatement of his driver's license. He shall serve a copy of the petition upon the solicitor of the county and shall notify the representative of the victim of the reckless homicide of his intent to seek reinstatement of his driver's license. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:

(1) intoxicating alcohol, beer, wine, drugs or narcotics were not involved in the vehicular accident which resulted in the reckless homicide conviction or plea;

(2) the petitioner has served his term of imprisonment or paid his fine, assessment and restitution in full, or both; and

(3) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to reinstate the privilege of operating a motor vehicle.

The circuit court may order the reinstatement of the driver's license before the completion of the full five-year revocation period or the judge may order the granting of a provisional license for the remainder of the five-year period to allow the person to drive to and from employment or school or the judge may place other restrictions on the driver's license reinstatement. The order of the judge must be transmitted to the Department of Public Safety within ten days.

(C) If the person's privilege to operate a motor vehicle is reinstated pursuant to subsection (B), a subsequent violation of the motor vehicle laws for any moving violation requires the automatic cancellation of the person's driver's license and imposition of the full period of revocation for the reckless homicide violation."

Surrender of a driver's license

SECTION 3. Section 56-1-365 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-1-365. (A) A person who forfeits bail posted for, is convicted of, or pleads guilty or nolo contendere in general sessions, municipal, or magistrate's court to an offense which requires that his driver's license be revoked or suspended shall surrender immediately or cause to be surrendered his driver's license to the clerk of court or magistrate upon the verdict or plea. The defendant must be notified at the time of arrest of his obligation to bring, and surrender his license, if convicted, to the court or magistrate at the time of his trial, and if he fails to produce his license after conviction, he may be fined in an amount not to exceed two hundred dollars. If the defendant fails subsequently to surrender his license to the clerk or magistrate immediately after conviction, he must be fined not less than fifty dollars nor more than two hundred dollars.

(B) The department may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates must give the department's agents tickets, arrest warrants, and other documents or copies of them, as necessary for the department to process the revocation or suspension of the licenses. If the department does not collect the license and ticket immediately, the magistrate or clerk must forward the license, ticket, and other documentation to the department within five days after receipt. A clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required in this section is liable to indictment and, upon conviction, must be fined not exceeding five hundred dollars.

(C) The department shall notify the defendant of the suspension or revocation. Except as provided in Section 56-5-2990, if the defendant surrendered his license to the magistrate or clerk immediately after conviction, the effective date of the revocation or suspension is the date of surrender. If the magistrate or clerk wilfully fails to forward the license and ticket to the department within five days, the suspension or revocation does not begin until the department receives and processes the license and ticket.

(D) If the defendant is already under suspension for a previous offense at the time of his conviction or plea, the period of suspension for the subsequent offense runs consecutively and does not commence until the expiration of the suspension or revocation for the prior offense.

(E) If the defendant fails to surrender his license, the suspension or revocation operates as otherwise provided by law.

(F) If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal acts as a supersedeas as provided in Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate which entitles him to operate a motor vehicle for a period of sixty days after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Became law without the signature of the Governor -- 06/17/98.