Current Status Bill Number:4833 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980318 Primary Sponsor:Altman All Sponsors:Altman and Harrell Drafted Document Number:KGH\15528CM.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Motor vehicle owner, penalty for allowing person to operate if not possess valid drivers licenses
Body Date Action Description Com Leg Involved
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House 19980318 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-545 SO AS TO PROVIDE THAT A PERSON OWNING OR CONTROLLING A MOTOR VEHICLE IS GUILTY OF A MISDEMEANOR IF HE ALLOWS ANOTHER PERSON TO OPERATE THE MOTOR VEHICLE WHO HE KNOWS OR SHOULD HAVE KNOWN DOES NOT HAVE A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IF HE ALLOWS ANOTHER PERSON TO OPERATE THE MOTOR VEHICLE WHO HE KNOWS OR SHOULD HAVE KNOWN DOES NOT HAVE A VALID SOUTH CAROLINA DRIVER'S LICENSE AND SERIOUS INJURY OR DEATH RESULTS FROM THE OPERATION OF THE MOTOR VEHICLE, AND TO PROVIDE A PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-1-545. (A) A person owning or controlling a motor vehicle who allows, gratuitously or for consideration, another person to operate the motor vehicle upon the state's public highways when the person owning or possessing the motor vehicle knew or should have known that the person allowed to operate the motor vehicle did not have a valid South Carolina driver's license is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars and sentenced to not less than thirty days in prison. A fine imposed pursuant to this subsection must not be suspended.
(B) If serious injury or death results from the operation of a motor vehicle under subsection (A), the person owning or controlling the motor vehicle must be fined three thousand dollars and must be imprisoned for not less than one year nor more than two years. A fine imposed pursuant to this subsection must not be suspended.
(C) A motor vehicle covered by this section must be confiscated by the local government where the offense occurred within forty-five days after the offense occurred and sold at a public auction. The proceeds from the sale must be placed in the local government's general fund."
SECTION 2. This act takes effect upon approval by the Governor.