S 0963(Rat #0292)  General Bill, By Martin
 A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO
 AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THE PROVISIONS THAT PROVIDE
 THAT IT IS UNLAWFUL TO PASS A STOPPED SCHOOL BUS MUST BE TRIED IN MAGISTRATE'S
 COURT, AND PROVIDE A DEFINITION FOR PRIOR OFFENSES.-amended title

   01/31/02  Senate Introduced and read first time SJ-9
   01/31/02  Senate Referred to Committee on Judiciary SJ-9
   03/06/02  Senate Committee report: Favorable Judiciary SJ-13
   03/07/02  Senate Amended SJ-31
   03/07/02  Senate Read second time SJ-31
   03/12/02  Senate Read third time and sent to House SJ-18
   03/13/02  House  Introduced and read first time HJ-9
   03/13/02  House  Referred to Committee on Judiciary HJ-9
   04/11/02  House  Committee report: Favorable with amendment
                     Judiciary HJ-1
   04/17/02  House  Amended HJ-32
   04/17/02  House  Read second time HJ-32
   04/18/02  House  Read third time and returned to Senate with
                     amendments HJ-47
   04/23/02  Senate House amendment amended SJ-10
   04/23/02  Senate Returned to House with amendments SJ-10
   04/25/02  House  Concurred in Senate amendment and enrolled HJ-27
   05/08/02         Ratified R 292
   05/14/02         Vetoed by Governor
   01/16/03         Veto sustained Yeas-045  Nays-000

(R292, S963)

AN ACT TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THE PROVISIONS THAT PROVIDE THAT IT IS UNLAWFUL TO PASS A STOPPED SCHOOL BUS MUST BE TRIED IN MAGISTRATE'S COURT, AND PROVIDE A DEFINITION FOR PRIOR OFFENSES.

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

Unlawfully passing a stopped school bus

SECTION 1. Section 56-5-2780(A) of the 1976 Code, as added by Act 138 of 1995, is amended to read:

"(A) A driver of a vehicle violating Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. A first offense for a violation of Section 56-5-2770(a) or (e) must be tried exclusively in magistrate's court.

Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770(a) or (e), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days. For purposes of this section, only those offenses which occurred within a period of five years including and immediately preceding the date of the last offense shall constitute prior offenses."

Time effective

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

Ratified the 8th day of May, 2002.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2002.

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Governor