H 3217 Session 112 (1997-1998)
H 3217 General Bill, By Simrill and Robinson
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
56-3-1335 SO AS TO REQUIRE A COURT TO CONFISCATE THE LICENSE PLATE AND MOTOR
VEHICLE REGISTRATION OF EACH MOTOR VEHICLE REGISTERED IN THE NAME OF A PERSON
CONVICTED OF CERTAIN CRIMES, TO PROVIDE THE PERIOD A PERSON WHOSE LICENSE
PLATE HAS BEEN CONFISCATED MAY NOT APPLY FOR A NEW LICENSE, TO PROVIDE THE
PROCEDURE FOR WHICH A LICENSE PLATE MUST BE SURRENDERED, TO PROVIDE THE
PENALTY FOR A PERSON WHO FAILS TO SURRENDER A LICENSE, AND TO ALLOW A SPECIAL
LICENSE PLATE TO BE ISSUED TO DRIVERS IN THE HOUSEHOLD OF A PERSON WHOSE
LICENSE PLATE HAS BEEN CONFISCATED; TO AMEND SECTION 56-9-500, RELATING TO THE
SUSPENSION OF A MOTOR VEHICLE REGISTRATION UPON SUSPENSION OR REVOCATION OF A
PERSON'S DRIVER'S LICENSE AND THE CONTINUATION OF THE SUSPENSION UNTIL
FINANCIAL RESPONSIBILITY IS PROVEN, SO AS TO NOT PERMIT A PERSON WHOSE MOTOR
VEHICLE REGISTRATION MAY BE SUSPENDED UNDER CERTAIN CIRCUMSTANCES TO AVOID
SUSPENSION BY MAINTAINING PROOF OF FINANCIAL RESPONSIBILITY ON ALL VEHICLES
REGISTERED TO HIM; AND TO REPEAL SECTION 56-3-1340 RELATING TO THE SUSPENSION
OF A PERSON'S DRIVER'S LICENSE NOT AUTOMATICALLY SUSPENDING A PERSON'S MOTOR
VEHICLE REGISTRATION OR LICENSE PLATE.
01/08/97 House Prefiled
01/08/97 House Referred to Committee on Judiciary
01/14/97 House Introduced and read first time HJ-82
01/14/97 House Referred to Committee on Judiciary HJ-82
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 56-3-1335 SO AS TO REQUIRE A
COURT TO CONFISCATE THE LICENSE PLATE AND MOTOR
VEHICLE REGISTRATION OF EACH MOTOR VEHICLE
REGISTERED IN THE NAME OF A PERSON CONVICTED OF
CERTAIN CRIMES, TO PROVIDE THE PERIOD A PERSON
WHOSE LICENSE PLATE HAS BEEN CONFISCATED MAY
NOT APPLY FOR A NEW LICENSE, TO PROVIDE THE
PROCEDURE FOR WHICH A LICENSE PLATE MUST BE
SURRENDERED, TO PROVIDE THE PENALTY FOR A PERSON
WHO FAILS TO SURRENDER A LICENSE, AND TO ALLOW A
SPECIAL LICENSE PLATE TO BE ISSUED TO DRIVERS IN
THE HOUSEHOLD OF A PERSON WHOSE LICENSE PLATE
HAS BEEN CONFISCATED; TO AMEND SECTION 56-9-500,
RELATING TO THE SUSPENSION OF A MOTOR VEHICLE
REGISTRATION UPON SUSPENSION OR REVOCATION OF A
PERSON'S DRIVER'S LICENSE AND THE CONTINUATION OF
THE SUSPENSION UNTIL FINANCIAL RESPONSIBILITY IS
PROVEN, SO AS TO NOT PERMIT A PERSON WHOSE MOTOR
VEHICLE REGISTRATION MAY BE SUSPENDED UNDER
CERTAIN CIRCUMSTANCES TO AVOID SUSPENSION BY
MAINTAINING PROOF OF FINANCIAL RESPONSIBILITY ON
ALL VEHICLES REGISTERED TO HIM; AND TO REPEAL
SECTION 56-3-1340 RELATING TO THE SUSPENSION OF A
PERSON'S DRIVER'S LICENSE NOT AUTOMATICALLY
SUSPENDING A PERSON'S MOTOR VEHICLE REGISTRATION
OR LICENSE PLATES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-3-1335. (A) Upon conviction of the following
crimes, the court must confiscate the license plate and motor vehicle
registration of each motor vehicle registered in the convicted person's
name:
(1) Section 56-5-2945 causing great bodily injury or death by
operating a motor vehicle while under the influence of drugs or
alcohol;
(2) a second or subsequent violation of Section 56-5-2930;
(3) a second or subsequent violation of Section 56-1-460;
(4) Section 56-5-1210 failure to stop and render aid during a
motor vehicle accident that results in death or personal injury;
(5) Section 56-5-750 failure to stop a motor vehicle when
signaled by a law enforcement vehicle; and
(6) Section 56-10-270 knowingly operating an uninsured motor
vehicle.
(B) A person whose license plate and motor vehicle registration are
confiscated pursuant to subitems (1), (2), and (3) of subsection (A)
may not apply for a new license plate for a vehicle registered in his
name during the period in which his privilege to drive is suspended.
A person whose license plate and motor vehicle registration are
confiscated pursuant to subitems (4), (5), or (6) of subsection (A),
may not apply for a new license plate for one year after his
conviction.
(C) A person convicted of a crime contained in this section must
surrender the license plate of each vehicle registered in his name at
the time he enters a plea of nolo contendere, a guilty plea, or is
convicted. The court shall issue the convicted person a receipt for
each plate surrendered.
(D) If a person fails to surrender a license plate pursuant to this
section, a warrant must be issued to seize the license plate. A
twenty-five dollar fee must be imposed upon a person who fails to
surrender a license plate once a warrant is issued.
(E) The court may allow a motor vehicle pursuant to this section
to be registered for the use of other licensed drivers in the household.
The department shall issue a special license plate for this
purpose."
SECTION 2. Section 56-9-500 of the 1976 Code is amended to
read:
"Section 56-9-500. Whenever When the
Department of Public Safety (department), under any law
of this State, suspends or revokes the license of any
a person upon receiving a record of conviction or forfeiture
of bail and in all cases where the department suspends or revokes the
driver's license of any a person under lawful
the authority possessed by of the
department, except in those cases provided for in Section
56-1-270, in which case the license only shall be is
suspended and not the registration, the Department of
Revenue shall also shall suspend the registration
for all motor vehicles registered in the name of that person, except
that it shall not suspend the registration, unless otherwise required by
law, if that person has previously given or shall immediately give and
thereafter maintain proof of financial responsibility with respect to
all motor vehicles registered by him. The license and registration
shall remain suspended or revoked and shall must
not at any time thereafter be renewed nor shall any
must a license be thereafter issued to that person nor
shall any must a motor vehicle be thereafter
registered in the name of that person until permitted under the motor
vehicle laws of this State and not then until he shall give
gives and thereafter maintain maintains
proof of financial responsibility.
When such responsibility is provided for under the provisions
of Section 56-9-550, certification shall be furnished by the insurance
company to the department within fifteen days."
SECTION 3. Section 56-3-1340 of the 1976 Code is repealed.
SECTION 4. This act takes effect upon approval by the Governor.
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