H*4030(Rat #0327, Act #0263 of 2002)  General Bill, By Easterday and McLeod
 A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PENALTIES FOR DRIVING WHILE ONE'S LICENSE IS SUSPENDED SO AS
 TO PROVIDE THE MAGISTRATE'S COURT HAS CONCURRENT, NOT EXCLUSIVE, JURISDICTION
 TO HEAR THE OFFENSE OF DRIVING WHILE ONE'S LICENSE IS SUSPENDED FOR REASONS
 OTHER THAN FOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

   04/26/01  House  Introduced and read first time HJ-7
   04/26/01  House  Referred to Committee on Judiciary HJ-7
   01/30/02  House  Committee report: Favorable Judiciary HJ-3
   01/30/02  House  Member(s) request name added as sponsor: McLeod
   02/05/02  House  Read second time HJ-20
   02/06/02  House  Read third time and sent to Senate HJ-18
   02/06/02  Senate Introduced and read first time SJ-21
   02/06/02  Senate Referred to Committee on Judiciary SJ-21
   05/01/02  Senate Committee report: Favorable Judiciary SJ-15
   05/02/02  Senate Read second time SJ-33
   05/02/02  Senate Ordered to third reading with notice of
                     amendments SJ-33
   05/08/02  Senate Read third time and enrolled SJ-18
   05/14/02         Ratified R 327
   05/20/02         Signed By Governor
   06/05/02         Act No. 263
   06/27/02         Effective date 05/20/02
   06/27/02         Copies available

AN ACT TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE ONE'S LICENSE IS SUSPENDED SO AS TO PROVIDE THE MAGISTRATE'S COURT HAS CONCURRENT, NOT EXCLUSIVE, JURISDICTION TO HEAR THE OFFENSE OF DRIVING WHILE ONE'S LICENSE IS SUSPENDED FOR REASONS OTHER THAN FOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

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

Magistrate's court jurisdiction

SECTION 1. Section 56-1-460(A)(1) of the 1976 Code, as last amended by Act 376 of 2000, is further amended to read:

"(A)(1) Except as provided in subitem (2), a person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, be punished as follows:

(a) for a first offense, fined two hundred dollars or imprisoned for thirty days, or both;

(b) for a second offense, fined five hundred dollars or imprisoned for sixty consecutive days, or both; and

(c) for a third and subsequent offense, imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge.

Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this subitem may be tried in magistrate's court."

Time effective

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

Ratified the 14th day of May, 2002.

Approved the 20th day of May, 2002.