Indicates Matter Stricken

Indicates New Matter

Committee Report

February 22, 2023

S. 448

Introduced by Senator Hutto

S. Printed 02/22/23--S.

Read the first time January 25, 2023

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The committee on Senate Judiciary

To who was referred a Bill (S. 448) to amend the South Carolina Code of Laws by amending Section 56-1-1100, relating to habitual offender penalties, so as to provide an exception for driving a moped, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

   Amend the bill, as and if amended, SECTION 1, by striking Section 56-1-1100 and inserting:

   Section 56-1-1100.   A person found to be an habitual offender under the provisions of this article, who subsequently is convicted of operating a motor vehicle, except for a moped when the operator is issued a valid moped operator's license, in this State while the decision of the Department of Motor Vehicles prohibiting the operation is in effect, but not including any time the person may remain suspended past the suspension dates due to unmet reinstatement requirements, is guilty of a felony and must be imprisoned not more than five years.

   For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the department, before hearing the charges, shall determine whether the person has been adjudged an habitual offender and is barred from operating a motor vehicle on the highways of this State. If the person is found to be an habitual offender, the department shall notify the solicitor or Attorney General and he shall cause the appropriate criminal charges to be lodged against the offender.

Renumber sections to conform.

Amend title to conform.

LUKE RANKIN for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill provides an exception for a person declared to be a habitual offender under the provisions of Title 56, Chapter 1, Article 5 to operate a moped while DMV's decision of prohibiting the operation of other motor vehicles is in effect. This does not include any time the person may remain suspended past the suspension dates due to unmet reinstatement requirements. Additionally, the bill removes the requirement that DMV provide notice to the solicitor or Attorney General of any violations regarding the operation of a motor vehicle by a habitual offender while suspended.

The Department of Motor Vehicles. The fiscal impact of the bill on DMV is pending, contingent upon a response from the agency.

Judicial. The fiscal impact of the bill on Judicial is pending, contingent upon a response from Judicial.

Office of the Attorney General. This bill will have no fiscal impact on the Attorney General's Office since it removes only a minimal part of the agency's responsibilities related to habitual offenders.

Commission on Prosecution Coordination. This bill will have no fiscal impact on the commission since it removes only a minimal part of the agency's responsibilities related to habitual offenders.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

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A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-1100, RELATING TO HABITUAL OFFENDER PENALTIES, SO AS TO PROVIDE AN EXCEPTION FOR DRIVING A MOPED FOR A PERSON DECLARED A HABITUAL OFFENDER, AND TO REMOVE THE REQUIREMENT THAT THE DEPARTMENT OF MOTOR VEHICLES PROVIDES SPECIFIC NOTICE TO THE ATTORNEY GENERAL OR THE APPROPRIATE SOLICITOR OF ANY VIOLATIONS OF THIS SECTION.

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

SECTION 1.   Section 56-1-1100 of the S.C. Code is amended to read:

   Section 56-1-1100.   A person found to be an habitual offender under the provisions of this article, who subsequently is convicted of operating a motor vehicle, except for a moped, in this State while the decision of the Department of Motor Vehicles prohibiting the operation is in effect, but not including any time the person may remain suspended past the suspension dates due to unmet reinstatement requirements, is guilty of a felony and must be imprisoned not more than five years.

   For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the department, before hearing the charges, shall determine whether the person has been adjudged an habitual offender and is barred from operating a motor vehicle on the highways of this State. If the person is found to be an habitual offender, the department shall notify the solicitor or Attorney General and he shall cause the appropriate criminal charges to be lodged against the offender.

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

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