H 4198 Session 109 (1991-1992)
H 4198 General Bill, By R.L. Altman
A Bill to amend Section 56-1-365, Code of Laws of South Carolina, 1976,
relating to surrender of driver's license, so as to provide for additional
penalties if the license surrendered is not the last license issued or if the
person applies for a duplicate license after surrender of the license.
01/16/92 House Introduced and read first time HJ-11
01/16/92 House Referred to Committee on Education and Public
Works HJ-11
02/05/92 House Committee report: Favorable with amendment
Education and Public Works HJ-11
02/12/92 House Debate adjourned until Thursday, February 20,
1992 HJ-28
02/20/92 House Debate adjourned until Tuesday, February 25, 1992 HJ-16
02/25/92 House Amended HJ-18
02/25/92 House Read second time HJ-20
02/26/92 House Read third time and sent to Senate HJ-26
02/27/92 Senate Introduced and read first time SJ-11
02/27/92 Senate Referred to Committee on Transportation SJ-11
05/20/92 Senate Committee report: Favorable Transportation SJ-19
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 20, 1992
H. 4198
Introduced by REP. Altman
S. Printed 5/20/92--S.
Read the first time February 27, 1992.
THE COMMITTEE ON TRANSPORTATION
To whom was referred a Bill (H. 4198), to amend Section 56-1-365,
Code of Laws of South Carolina, 1976, relating to surrender of driver's
license, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
ISADORE E. LOURIE, for Committee.
A BILL
TO AMEND SECTION 56-1-365, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO SURRENDER OF DRIVER'S
LICENSE, SO AS TO PROVIDE FOR ADDITIONAL PENALTIES IF
THE LICENSE SURRENDERED IS NOT THE LAST LICENSE
ISSUED OR IF THE PERSON APPLIES FOR A DUPLICATE
LICENSE AFTER SURRENDER OF THE LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-365 of the 1976 Code is amended to read:
"Section 56-1-365. Any A person who
forfeits bail posted for, is convicted of, or pleads guilty or nolo
contendere in general session, municipal, or magistrate's court
to an offense which as part of the punishment to be imposed
requires that his driver's license be revoked or suspended as part of
the punishment shall surrender immediately or cause to be
surrendered his driver's license to the clerk of court or magistrate upon
the verdict or plea. The defendant must be notified at the time of arrest
of his obligation to bring, and surrender his license, if convicted, to the
court or magistrate at the time of his trial, and if he fails to produce his
license after conviction, he may be fined in an amount not to exceed two
hundred dollars. If the defendant fails subsequently to surrender his
license to the clerk or magistrate immediately after conviction, he must
be fined not less than fifty dollars nor more than two hundred dollars.
The department may collect from the clerk of court or magistrate the
driver's license and ticket immediately after receipt. Along with the
driver's license, the clerks and magistrates shall give the department's
agents tickets, arrest warrants, and other documents or copies of them,
as necessary for the department to process the revocation or suspension
of the licenses. If the department does not collect the license and ticket
immediately, the magistrate or clerk shall forward the license, ticket, and
other documentation to the department within five days after receipt.
Any A clerk or magistrate who wilfully fails or neglects
to forward the driver's license and ticket as required is liable to
indictment may be indicted and, upon conviction, must be
fined not exceeding more than five hundred dollars.
The department shall notify the defendant of the suspension or
revocation. Except as provided below, if the defendant surrendered his
license to the magistrate or clerk immediately after conviction the
effective date of the revocation or suspension is the date of surrender. If
the magistrate or clerk wilfully fails to forward the license and ticket to
the department within five days, the suspension or revocation does not
commence until the department receives them. If the defendant is
already under suspension for a previous offense at the time of his
conviction or plea, the period of suspension for the subsequent offense
runs consecutively and does not commence until the expiration of the
suspension or revocation for the prior offense.
If the defendant fails to surrender his license, the suspension or
revocation operates as otherwise provided by law.
If the defendant surrenders a driver's license at the time of
conviction of an offense that requires the suspension or revocation of a
driver's license and it is later found that the license surrendered was not
the most recent driver's license issued to that person or if that person
applies for and obtains a driver's license after conviction but before
being eligible to receive a license, the department must revoke that
person's driving privilege for an additional one year beyond all other
applicable suspension or revocation periods.
If the defendant surrenders his license, upon conviction, and
subsequently files a notice of appeal, the appeal shall act as a
supersedeas as provided in Section 56-1-430. Upon payment of a ten
dollar fee and presentment by the defendant of a certified or clocked-in
copy of the notice of appeal, the department shall issue him a certificate
on a form prescribed and furnished by the department which entitles him
to operate a motor vehicle for a period of sixty days after the verdict or
plea. The certificate must be kept in the defendant's possession while
operating a motor vehicle during the sixty-day period, and failure to
have it in his possession is punishable in the same manner as failure to
have a driver's license in possession while operating a motor
vehicle."
SECTION 2. This act takes effect upon approval by the Governor.
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