South Carolina Legislature


 

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H 3034
Session 112 (1997-1998)


H 3034 General Bill, By Kirsh, Bailey, Beck, Cotty, Meacham, Simrill and Stuart
 A BILL TO AMEND SECTIONS 56-1-745 AND 56-1-746, BOTH AS AMENDED, CODE OF LAWS
 OF SOUTH CAROLINA, 1976, RELATING TO DRIVER'S LICENSE SUSPENSION DUE TO A
 CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION AND UNDERAGE PURCHASE AND
 POSSESSION OF ALCOHOL OFFENSES, SO AS TO PROVIDE THAT IF A PERSON IS ACCEPTED
 INTO A PRETRIAL INTERVENTION PROGRAM FOR EITHER OFFENSE, THE PERSON'S DRIVER'S
 LICENSE MUST BE SUSPENDED.

   12/11/96  House  Prefiled
   12/11/96  House  Referred to Committee on Judiciary
   01/14/97  House  Introduced and read first time HJ-25
   01/14/97  House  Referred to Committee on Judiciary HJ-25



A BILL

TO AMEND SECTIONS 56-1-745 AND 56-1-746, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER'S LICENSE SUSPENSION DUE TO A CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION AND UNDERAGE PURCHASE AND POSSESSION OF ALCOHOL OFFENSES, SO AS TO PROVIDE THAT IF A PERSON IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM FOR EITHER OFFENSE, THE PERSON'S DRIVER'S LICENSE MUST BE SUSPENDED.

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

SECTION 1. Section 56-1-745 of the 1976 Code is amended by adding at the end:

"(E) If a person charged with an offense enumerated in subsection (A) of this section is accepted into a pretrial intervention program on the charge, the person's driver's license must be suspended as provided in this section in the same manner as if the person were convicted of the offense. The circuit solicitor shall report to the department the acceptance into a pretrial intervention program of a person charged with one of the enumerated offenses."

SECTION 2. Section 56-1-746 of the 1976 Code is amended by adding at the end:

"(E) If a person charged with an offense enumerated in subsection (A) of this section is accepted into a pretrial intervention program on the charge, the person's driver's license must be suspended as provided in this section in the same manner as if the person were convicted of the offense. The circuit solicitor shall report to the department the acceptance into a pretrial intervention program of a person charged with one of the enumerated offenses."

SECTION 3. The amendment to Section 56-1-745 as contained in Section 1 of this act and the amendment to Section 51-1-746 as contained in Section 2 of this act apply only to a person arrested or charged on or after this act's effective date.

SECTION 4. This act takes effect upon approval by the Governor.

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