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Bill 720

                    Current Status

Bill Number:                      720
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990414
Primary Sponsor:                  Ryberg
All Sponsors:                     Ryberg
Drafted Document Number:          l:\council\bills\ggs\22287cm99.doc
Residing Body:                    Senate
Current Committee:                Transportation Committee 15 ST
Subject:                          Transportation, Traffic violations; 
                                  driving without motor vehicle insurance, 
                                  drivers licenses; dismissal of charges


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990414  Introduced, read first time,           15 ST
                  referred to Committee


                             Versions of This Bill

TO AMEND SECTION 56-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WITHOUT A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 56-10-225, RELATING TO PROOF OF INSURANCE AND FINANCIAL RESPONSIBILITY FOR A MOTOR VEHICLE, SO AS TO PROVIDE THAT A CHARGE OF FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES.

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

SECTION 1. Section 56-1-440 of the 1976 Code is amended to read:

"Section 56-1-440. Any A person who drives a motor vehicle on any public highway of this State without a driver's license in violation of Section 56-1-20 is guilty of a misdemeanor and, upon conviction of a first offense, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined five hundred dollars or imprisoned for forty-five days, or both, and for a third and subsequent offense must be imprisoned for not less than forty-five days nor more than six months. However, a charge of driving a motor vehicle without a driver's license must be dismissed if the person provides proof of being a licensed driver to the court within seven days of being charged with a violation of this provision."

SECTION 2. Section 56-10-225(C) of the 1976 Code, as added by Act 154 of 1997, is amended to read:

"(C) A person who fails to maintain the proof in his motor vehicle as required by subsection (A) is guilty of a misdemeanor and, upon conviction, is subject to the same punishment as provided by law for failure of the person driving or in control of a motor vehicle to carry the vehicle registration card and to display the registration card upon demand. However, a charge of failing to maintain proof that a motor vehicle is insured must be dismissed if the person provides proof that the motor vehicle is insured to the court within seven days of being charged with a violation of the provision contained in subsection (A). A person failing to maintain in his vehicle the proof required pursuant to subsection (A), within thirty days of being cited for such this failure, shall provide proof of insurance or have his driver's license suspended until satisfactory proof is provided. Further, this proof must be provided every quarter for one year after being cited for driving without proof of liability insurance. Failure to provide this proof when required shall cause his driver's license to be suspended until satisfactory proof is provided."

SECTION 3. This act takes effect upon approval by the Governor.

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