Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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School districts in establishing alternative schools as required by the provisions of this section may utilize Education Improvement Act building funds received during fiscal year 1994-95 for the purpose of establishing such a school."/

Renumber sections & amend totals/title to conform.

Rep. RUDNICK explained the amendment.

Rep. McTEER moved to table the amendment, which was agreed to by a division vote of 37 to 10.

Reps. HODGES, GONZALES and CROMER proposed the following Amendment No. 162 (Doc Name L:\council\legis\amend\DKA\3288AL.94), which was adopted.

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/SECTION __

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-205 SO AS TO PROVIDE THAT ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUE GENERATED BY THE CIRCUIT COURTS AND FAMILY COURTS MUST BE REMITTED 56 PERCENT TO THE COUNTY AND 44 PERCENT TO THE STATE AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 14-1-206 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 62 PERCENT OF A CRIMINAL FINE IMPOSED IN GENERAL SESSIONS AND FAMILY COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-207 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 88 PERCENT OF A CRIMINAL FINE IMPOSED IN MAGISTRATES' COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-208 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 52 PERCENT OF A CRIMINAL FINE IMPOSED IN MUNICIPAL COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-209 SO AS TO PROVIDE FOR THE DISTRIBUTION OF A FINE OR ASSESSMENT WHEN IT IS MADE IN INSTALLMENTS; BY ADDING SECTION 11-5-175 SO AS TO REQUIRE THE STATE TREASURER TO PROVIDE A QUARTERLY REPORT TO EACH DEPARTMENT OR AGENCY THAT RECEIVES MONEY COLLECTED PURSUANT TO SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; AND BY ADDING SECTION 11-7-25 SO AS
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TO REQUIRE THE STATE AUDITOR TO EXAMINE THE BOOKS AND RECORDS OF THE COUNTY TREASURERS, MUNICIPAL TREASURERS, COUNTY CLERKS OF COURT, MAGISTRATES, AND MUNICIPAL COURTS FOR COMPLIANCE WITH SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS GENERALLY, SO AS TO DELETE THE REQUIREMENT OF DIVIDING THE FIFTY-FIVE DOLLAR FILING FEES; TO AMEND SECTION 14-17-725, RELATING TO COLLECTION COST FOR FINES PAID ON INSTALLMENTS, SO AS TO PROVIDE FOR COLLECTING COST FOR ASSESSMENTS PAID ON INSTALLMENTS; TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN WEAPONS VIOLATIONS, SO AS TO DELETE REMITTANCE OF THE FINE TO MUNICIPALITIES; TO AMEND SECTION 22-3-545, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS, SO AS TO PROVIDE FOR THE DISTRIBUTION OF MONEY COLLECTED PURSUANT TO SECTION 14-1-205; TO AMEND SECTION 44-53-310, RELATING TO CIVIL FINES FOR VIOLATION OF REGISTRATION OF CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT FINES MUST BE REMITTED TO THE STATE TREASURER FOR DEPOSIT AND BENEFIT OF THE DEPARTMENT OF MENTAL HEALTH FOR ITS DRUG ADDICTION TREATMENT FACILITIES; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO THE POSSESSION OF CERTAIN CONTROLLED SUBSTANCES, SO AS TO REVISE THE DISTRIBUTION OF FINES AND FORFEITURES; TO AMEND SECTION 48-1-350, RELATING TO DISPOSITION OF PENALTIES COLLECTED FOR VIOLATION OF THE POLLUTION CONTROL ACT, SO AS TO REVISE DISPOSITION OF CIVIL AND CRIMINAL PENALTIES; TO AMEND SECTION 56-1-190, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION, SO AS TO DELETE PROVISIONS ALLOWING REDUCTION OF COURT COSTS; TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO HANDICAP PARKING VIOLATIONS, SO AS TO DELETE THE FIVE DOLLAR ASSESSMENT; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO FINES FOR SPEEDING, SO AS TO DELETE THE ALLOCATION OF A PORTION OF THE FINE TO THE GENERAL FUND; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR NARCOTIC
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DRUGS, SO AS TO DELETE REMITTANCE OF A PORTION OF THE FINE TO THE STATE OFFICE OF VICTIM ASSISTANCE; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE THE FIFTY DOLLAR FEE; TO REPEAL SECTIONS 14-1-210 RELATING TO THE ESTABLISHMENT OF COST OF COURT FEE TO FUND CERTAIN PROGRAMS; 14-1-212 RELATING TO THE IMPOSITION OF AN ADDITIONAL FEE IN GENERAL SESSIONS COURT; 14-1-213 RELATING TO FEES FOR CERTAIN DEFENSE OF INDIGENTS; 16-11-700(E)(6) RELATING TO ASSESSMENTS FOR LITTER VIOLATIONS; 20-7-1510 RELATING TO THE DISPOSITION OF FINES, FORFEITURES, AND OTHER REVENUES; 23-6-470 RELATING TO FINES AND BONDS FOR CRIMINAL OR TRAFFIC VIOLATIONS HAVING A SURCHARGE ADDED TO THEM TO BE USED TO FUND TRAINING PROGRAMS; 24-23-210 RELATING TO FEES ASSESSED ON PERSONS CONVICTED OF CRIMINAL OFFENSES FOR THE PURPOSE OF DEFRAYING THE COSTS OF COMMUNITY CORRECTIONS PROGRAMS; 44-53-580 RELATING TO THE DISPOSITION OF FINES; 56-1-725 RELATING TO TRAFFIC POINTS ASSESSMENT; 61-13-480 AND 61-13-490 BOTH RELATING TO DISTRIBUTION OF CERTAIN FINES AND ASSESSMENTS; AND TO PROVIDE, BEGINNING JANUARY 1, 1995, THAT EACH CLERK OF COURT, MAGISTRATE, AND MUNICIPAL COURT JUDGE MUST KEEP AN ACCOUNT OF ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUES GENERATED BY THE COURTS AND A SEPARATE ACCOUNT OF ALL ASSESSMENTS, TO PROVIDE FOR THE TIME REPORTS OF THIS INFORMATION MUST BE MADE, PROVIDE FOR A REVIEW OF THE REPORTS BY THE GENERAL ASSEMBLY AND ITS APPROPRIATE ACTION AFTER REVIEW.

A. The 1976 Code is amended by adding:

"Section 14-1-205. Except as provided in Sections 17-15-260, 34-11-90, 50-1-150, 50-1-170, and 56-5-4160, on January 1, 1995, 56 percent of all costs, fees, fines, penalties, forfeitures, and other revenues generated by the circuit courts and the family courts must be remitted to the county in which the proceeding is instituted and 44 percent of the revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer on forms and in a manner prescribed by him. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by

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the county treasurer on a monthly basis. The 44 percent remitted to the State Treasurer must be deposited as follows:

(1) 72.93 percent to the general fund;

(2) 16.73 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(3) 10.34 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund.

In any court, when sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars, to the Victim's Compensation Fund."

B. The 1976 Code is amended by adding:

"Section 14-1-206. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions or family court must pay an amount equal to sixty-two percent of the fine imposed as an assessment. This assessment must be paid to the clerk of court in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B) The county treasurer must remit the assessments to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C) The State Treasurer shall deposit the assessments as follows:

(1) 47.17 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 16.52 percent to the South Carolina Law Enforcement Training Council program of training in the fields of law enforcement and criminal justice;

(3) .5 percent to the South Carolina Law Enforcement Training Council to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the South Carolina Law Enforcement Hall of Fame Committee, the council may retain the surplus for use in its law enforcement training programs;

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(4) 16.21 percent to the Office of Indigent Defense for the defense of indigents;

(5) 13.26 percent for the State Office of Victim Assistance;

(6) 6.34 percent to the general fund."

C. The 1976 Code is amended by adding:

"Section 14-1-207. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in magistrates' court must pay an amount equal to 88 percent of the fine imposed as an assessment. This assessment must be paid to the magistrate and deposited as required by Section 22-1-70 in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B) The county treasurer must remit the assessments to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C) The State Treasurer shall deposit the assessments as follows:

(1) 35.12 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 22.49 percent to the South Carolina Law Enforcement Training Council program of training in the fields of law enforcement and criminal justice;

(3) .65 percent to the South Carolina Law Enforcement Training Council to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the South Carolina Law Enforcement Hall of Fame Committee, the council may retain the surplus for use in its law enforcement training programs;

(4) 20.42 percent for the State Office of Victim Assistance;

(5) 9.94 percent to the general fund;

(6) 11.38 percent to the Office of Indigent Defense for the defense of indigents."

D. The 1976 Code is amended by adding:

"Section 14-1-208. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in municipal court must pay an amount equal to 52 percent of the fine imposed as an assessment. This

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assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B) The city treasurer must remit the assessments to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C) The State Treasurer shall deposit the assessments as follows:

(1) 25.79 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 25.5 percent to the South Carolina Law Enforcement Training Council program of training in the fields of law enforcement and criminal justice;

(3) .67 percent to the South Carolina Law Enforcement Training Council to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the South Carolina Law Enforcement Hall of Fame Committee, the council may retain the surplus for use in its law enforcement training programs;

(4) 19.06 percent for the State Office of Victim Assistance;

(5) 7.97 percent to the general fund;

(6) 19.38 percent to the Office of Indigent Defense for the defense of indigents;

(7) 1.63 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities."

E. The 1976 Code is amended by adding:

"Section 14-1-209. (A) If a payment for a fine and assessment levied in the circuit or family court is made in installments, the clerk of court must treat 62 percent of each installment as payment for a fine and distribute it pursuant to Section 14-1-205 and 38 percent of each installment as payment for an assessment and distribute it pursuant to Section 14-1-206.

(B) If a payment for a fine and assessment levied in the magistrate's court is made in installments, the magistrate must treat 47 percent of each installment as payment for an assessment and distribute it pursuant to Section 14-1-207.

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(C) If a payment for a fine and assessment levied in the municipal court is made in installments, the municipal court judge must treat 40 percent of each installment as payment for an assessment and distribute it pursuant to Section 14-1-208."

F. The 1976 Code is amended by adding:

"Section 11-5-175. The State Treasurer shall report quarterly to the departments or agencies receiving monies from fines or assessments the amount received from the county treasurers and city treasurers for fines and assessments received pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208. The State Treasurer also must include in this report the amount of money credited by the State Treasurer to the department or agency. A copy of the State Treasurer's report must be made available to the chief administrator of a county and municipality upon request."

G. The 1976 Code is amended by adding:

"Section 11-7-25. The State Auditor shall examine periodically the books, accounts, receipts, disbursements, vouchers, and records of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether fines and assessments imposed pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208 are properly collected and remitted to the State Treasurer. The State Auditor shall submit a report of findings to the State Treasurer and to the Division of Court Administration of the Judicial Department. A copy of all audits conducted by the State Auditor must be made available to the affected agency or department and the chief administrator of a county or municipality upon request.

The State Auditor, by January 15, 1995, shall prepare and submit to the House Judiciary Committee, the Senate Judiciary Committee, the House Ways and Means Committee, and the Senate Finance Committee, an Audit Plan for accomplishing the requirements of this section along with the estimated cost of implementation."

H. Section 8-21-310(11)(a) of the 1976 Code, as last amended by Section 53A, Part II, Act 171 of 1991, is further amended to read:

"(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, fifty-five dollars. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree,

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or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment. Of the fifty-five dollar fee thirty-five dollars is subject to the disposition provision of Section 20-7-1510 and the remaining twenty dollars must be remitted to the State and deposited to the credit of the general fund of the State;"

I. Section 14-17-725 of the 1976 Code, as added by Act 435 of 1992, is amended to read:

"Section 14-17-725. Where general sessions criminal fines, assessments, or restitution payments are paid through installments, a collection cost charge of three percent of the payment also must be collected by the clerk of court, magistrate, or municipal court from the defendant and transferred to the county treasurer or city treasurer, as appropriate, for deposit to credit of the county or municipal general fund in the same manner other funds collected by the clerk of court are transferred to the county treasurer for deposit to the county general fund."

J. Section 16-23-50 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-23-50. (A) (1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.

(2) A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

(B) When a violation occurs within a municipality, the fines collected must be delivered to the municipality by the clerk of court. If the violation occurs outside a municipality, the fines must be delivered to the county treasurer.

(C) In addition to the penalty provided in this section, the pistol involved in the violation of this article must be confiscated. The pistol must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated pistols may use them within their department, transfer them to another law enforcement agency for their lawful use, transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500, or trade them with a retail dealer licensed to sell pistols in this State for a pistol or any other equipment approved by the agency. If the State Law Enforcement Division seized the pistol, it may keep it for use by its forensic laboratory. Records must be kept of all confiscated pistols

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received by the law enforcement agencies under the provisions of this article."

K. Section 22-3-545(E) of the 1976 Code, as added by Act 310 of 1992, is amended to read:

"(E) Notwithstanding any other another provision of law, all fines and assessments imposed by a magistrate or municipal judge presiding pursuant to this section must be distributed as if the fine and assessment were imposed by a circuit court pursuant to Section 20-7-1510 Sections 14-1-205 and 14-1-206. However, these fines are also subject to the provisions of Section 56-5-2940. This section must not result in increased compensation to a magistrate presiding over a trial or hearing pursuant to this section or in other additional or increased costs to the county."

L. Section 44-53-310(b) of the 1976 Code is amended to read:

"(b) The department may place any a registrant who violates this article on probation or levy a civil fine of not more than two thousand five hundred dollars, or both. Fines generated pursuant to this section must be remitted to the State Treasurer for deposit to the benefit of the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities."

M. The first paragraph of Section 44-53-370(d)(3) of the 1976 Code, as last amended by Section 237, Act 184 of 1993, is further amended to read:

"(3) possession of more than ten grains of cocaine, one hundred milligrams of alpha- or beta-eucaine, four grains of opium, four grains of morphine, two grains of heroin, one hundred milligrams of isonipecaine, twenty-eight grams or one ounce of marijuana, ten grams of hashish or more than fifty micrograms of lysergic acid diethylamide (LSD) or its compounds shall be is prima facie guilty of violation of subsection (a) of this section. A person who violates this subsection with respect to twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not less than one hundred dollars nor more than two hundred dollars. Conditional discharge may be granted in accordance with the provisions of Section 44-53-450 upon approval by the circuit solicitor to the magistrate or municipal judge. As a part of any a sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program. Persons charged with the offense of possession of marijuana or hashish under this item may be permitted to enter the pretrial intervention program under the provisions of Act 360 of 1980 (Sections 17-22-10 through 17-22-160). For a second

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or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than two hundred dollars nor more than one thousand dollars, or both. Fines collected pursuant to the provisions of this item must be distributed as follows: (i) for a first offense, the first one hundred dollars must be distributed pursuant to the provisions of Section 44-53-580 and all monies in excess of that amount must be distributed to the unit of government whose law enforcement officers initiated the investigation which resulted in the conviction.

(ii) For a second or subsequent offense, the first two hundred dollars must be distributed pursuant to the provision of Section 44-53-580 and all monies in excess of that amount must be distributed to the unit of government whose law enforcement officers initiated the investigation which resulted in the conviction."

N. The last paragraph of Section 44-53-370(d)(3) of the 1976 Code, as last amended by Section 237, Act 184 of 1993, is further amended to read:

"The distribution of fines provided for in this section applies whether or not law enforcement officers from more than one unit of government became involved in the case after the start of the initial investigation. When a person is charged under this subsection for possession of controlled substances, bail shall not exceed the amount of the fine and the assessment provided pursuant to Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable. A person charged under this item for a first offense for possession of controlled substances may forfeit bail by nonappearance and, upon. Upon forfeiture in general sessions court, the fine portion of the bail must be distributed as provided in subitem (1) of this item Section 14-1-205. The assessment portion of the bail must be distributed as provided in Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable."

O. Section 48-1-350 of the 1976 Code is amended to read:

"Section 48-1-350. All penalties assessed under this chapter shall be are held as a debt payable to the State by the person against whom they have been charged and shall constitute a lien against the property of such the person. One-half of the civil penalties so collected shall inure to the benefit of the county. The criminal penalties collected pursuant to Section 48-1-320 must be collected and distributed pursuant to Section 14-1-205."

P. Section 56-1-190 of the 1976 Code, as last amended by Act 134 of 1993, is further amended to read:

"Section 56-1-190. A licensee shall have his license in his immediate possession at all times when operating a motor vehicle and shall display

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it upon demand of an officer or agent of the department or a law enforcement officer of the State. A portion of the court costs assessed for violating the provisions of this section may be reduced at the discretion of the court. No points pursuant to Section 56-1-720 may be assessed. No points for insurance merit rating system and recoupment purposes may be assessed."

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