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TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF A CONTROLLED SUBSTANCE VIOLATION, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THE SUSPENSION OF A DRIVER'S LICENSE BY THE COURT UNDER THIS PROVISION IS OPTIONAL AND NO LONGER MANDATORY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-745(A) of the 1976 Code is amended to read:
"(A) The driver's license of a person convicted of a controlled substance violation involving hashish or marijuana must may be suspended for a period of six months. The driver's license of a person convicted of any other controlled substance violation must may be suspended for a period of one year. If the person does not have a driver's license, the court shall order the Department of Motor Vehicles not to issue a driver's license for six months after the person legally is eligible for the issuance of a driver's license if the offense involves hashish or marijuana. If the offense involves any other controlled substance, the court shall order the department not to issue a driver's license for one year after the person legally is eligible for the issuance of a driver's license. For each subsequent conviction under this section, the court shall may order the driver's license to be suspended for an additional six months or one year, as the case may be. The additional period of suspension for a subsequent offense runs consecutively and does not commence until the expiration of the suspension for the prior offense."
SECTION 2. This act takes effect upon approval by the Governor.
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