S*0211(Rat #0097, Act #0090 of 2001)  General Bill, By Ryberg
 A BILL TO AMEND SECTION 56-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S
 LICENSE, SO AS TO REVISE THE PERIOD OF TIME IN WHICH A PERSON MAY HAVE A
 CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE DISMISSED; TO
 AMEND SECTION 56-10-225, AS AMENDED, RELATING TO MAINTAINING PROOF IN A
 REGISTERED MOTOR VEHICLE AT ALL TIMES THAT THE MOTOR VEHICLE IS INSURED, SO AS
 TO REVISE THE TIME PERIOD IN WHICH A PERSON CHARGED WITH FAILING TO MAINTAIN
 PROOF THAT A MOTOR VEHICLE IS INSURED MAY HAVE THE CHARGE DISMISSED.

   01/24/01  Senate Introduced and read first time SJ-12
   01/24/01  Senate Referred to Committee on Transportation SJ-12
   03/22/01  Senate Committee report: Favorable Transportation SJ-28
   03/27/01  Senate Read second time
   03/27/01  Senate Ordered to third reading with notice of amendments SJ-9
   03/28/01  Senate Read third time and sent to House SJ-21
   03/29/01  House  Introduced and read first time HJ-14
   03/29/01  House  Referred to Committee on Education and Public
                     Works HJ-15
   05/23/01  House  Committee report: Favorable Education and Public
                     Works HJ-92
   05/29/01  House  Read second time HJ-72
   05/30/01  House  Read third time and enrolled HJ-17
   06/05/01         Ratified R 97
   08/20/01         Signed By Governor
   08/20/01         Effective date 08/20/01
   08/29/01         Copies available
   09/07/01         Act No. 90

AN ACT TO AMEND SECTION 56-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD OF TIME IN WHICH A PERSON MAY HAVE A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE DISMISSED; TO AMEND SECTION 56-10-225, AS AMENDED, RELATING TO MAINTAINING PROOF IN A REGISTERED MOTOR VEHICLE AT ALL TIMES THAT THE MOTOR VEHICLE IS INSURED, SO AS TO REVISE THE TIME PERIOD IN WHICH A PERSON CHARGED WITH FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MAY HAVE THE CHARGE DISMISSED.

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

Penalties for driving without a license

SECTION 1. Section 56-1-440 of the 1976 Code, as last amended by Part II, Section 103 of Act 100 of 1999, is further amended to read:

"Section 56-1-440. A person who drives a motor vehicle on a 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 at the time of the violation to the court on or before the date this matter is set to be disposed of by the court."

Failure to maintain proof of insurance

SECTION 2. Section 56-10-225(C) of the 1976 Code, as last amended by Part II, Section 103 of Act 100 of 1999, is further 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 was insured at the time of the violation to the court on or before the date this matter is set to be disposed of by the court. A person failing to maintain in his vehicle the proof required pursuant to subsection (A), within thirty days of being cited for 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."

Time effective

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

Ratified the 5th day of June, 2001.

Approved the 20th day of August, 2001.