H 3363 Session 109 (1991-1992)
H 3363 General Bill, By D.C. Waldrop
A Bill to amend Section 56-1-80, as amended, Code of Laws of South Carolina,
1976, relating to the contents of applications for drivers' licenses, so as to
provide that these applications must contain a statement as to whether or not
the applicant has ever been convicted of a felony in this State and, if so, of
what felony; to amend Section 56-1-140, relating to the contents of South
Carolina drivers' licenses, so as to require these licenses to have a
two-digit code if the person has been convicted of a felony under the laws of
this State identifying that person in this manner, and to provide that the
Department shall make this code known to the appropriate law enforcement
officers of this State; and to amend the 1976 Code by adding Sections
56-1-141, 56-1-142, and 56-1-143 so as to establish procedures whereby the
Department must be notified of persons convicted of felonies and persons
currently incarcerated or on parole or probation for felonies so that this
identifying code can be affixed to their drivers' licenses in a specified
manner.
01/30/91 House Introduced and read first time HJ-15
01/30/91 House Referred to Committee on Education and Public
Works HJ-15
A BILL
TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF
APPLICATIONS FOR DRIVERS' LICENSES, SO AS TO PROVIDE
THAT THESE APPLICATIONS MUST CONTAIN A STATEMENT
AS TO WHETHER OR NOT THE APPLICANT HAS EVER BEEN
CONVICTED OF A FELONY IN THIS STATE AND, IF SO, OF
WHAT FELONY; TO AMEND SECTION 56-1-140, RELATING TO
THE CONTENTS OF SOUTH CAROLINA DRIVERS' LICENSES, SO
AS TO REQUIRE THESE LICENSES TO HAVE A TWO-DIGIT
CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY
UNDER THE LAWS OF THIS STATE IDENTIFYING THAT
PERSON IN THIS MANNER, AND TO PROVIDE THAT THE
DEPARTMENT SHALL MAKE THIS CODE KNOWN TO THE
APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS
STATE; AND TO AMEND THE 1976 CODE BY ADDING
SECTIONS 56-1-141, 56-1-142, AND 56-1-143 SO AS TO
ESTABLISH PROCEDURES WHEREBY THE DEPARTMENT
MUST BE NOTIFIED OF PERSONS CONVICTED OF FELONIES
AND PERSONS CURRENTLY INCARCERATED OR ON PAROLE
OR PROBATION FOR FELONIES SO THAT THIS IDENTIFYING
CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES IN A
SPECIFIED MANNER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-80 of the 1976 Code, as last amended by Act
148 of 1989, is further amended to read:
"Section 56-1-80. Every application for a driver's license or
permit must:
(1) be made upon the form furnished by the Department;
(2) be accompanied by the proper fee, and acceptable proof of date
and place of birth;
(3) contain the full name, date of birth, sex, race and residence
address of the applicant and briefly describe the applicant;
(4) state whether the applicant has been licensed as an operator or
chauffeur and, if so, when and by what state or country; and
(5) state whether any such license has ever been suspended or
revoked or whether an application has ever been refused and, if so, the
date of and reason for such the suspension,
revocation, or refusal; and
(6) state whether or not the applicant has ever been convicted of
a felony in this State and, if so, what felony.
Whenever application is received from a person previously licensed
in another state, the department shall request a copy of the
applicant's record from the other state. When received, the record
becomes a part of the driver's record in this State with the same force
and effect as though entered on the operator's record in this State in the
original instance. Every person who obtains a driver's license for the
first time in South Carolina, and every person who renews his driver's
license in South Carolina must be furnished a written request form for
completion and verification of liability insurance coverage.
The completed and verified form or an affidavit prepared by the
department that neither he, nor any resident relative, owns a motor
vehicle subject to the provisions of this chapter, must be returned to the
department within thirty days from the date the license is issued or
renewed. Failure to return the form or affidavit results in the suspension
of the newly issued or renewed driver's license until a properly executed
form or affidavit is returned to the department."
SECTION 2. Section 56-1-140 of the 1976 Code is amended to read:
"Section 56-1-140. The department shall,
upon the payment of a fee of ten dollars, shall issue to
every qualifying applicant qualifying therefor a driver's
license as if applied for, which license shall
must bear thereon a distinguishing number assigned to
the licensee, the full name, date of birth, residence address, and a brief
description and laminated colored photograph of the licensee and either
a facsimile of the signature of the licensee or a space upon which the
licensee shall write his usual signature with pen and ink immediately
upon receipt of the license. No license shall be is valid
until it has been so signed by the licensee. The license shall
authorize authorizes the licensee to operate only those
classifications of vehicles as indicated on the license.
In addition to the contents of a driver's license provided for in
this section, the driver's license of a person convicted of a felony under
the laws of this State must have two-digit codes which identify the
person as either having been convicted of a felony not considered a
violent crime or having been convicted of a felony which is considered
a violent crime. The codes must be developed by the department and
made known to the appropriate law enforcement officers and other
judicial officials of this State. A conviction for purposes of this section
has the same meaning as defined in Section 56-1-710."
SECTION 3. The 1976 Code is amended by adding:
"Section 56-1-141. A person pleading guilty or nolo
contendere to a felony in this State or found guilty of a felony in this
State shall immediately surrender his South Carolina driver's license, if
any, to the court in the manner required by Section 56-1-365. The clerk
of court within ten days shall transmit the license together with notice
of the felony and whether or not it is a violent crime to the department.
The department shall affix the license with the identifying code required
by Section 56-1-140 and return it to the person unless the felony which
the person was convicted of or pled to requires the suspension or
revocation of the license.
Section 56-1-142. (A) The Department of Corrections shall notify
the department within six months after the effective date of this section
of those inmates within the custody of the Department of Corrections
who have been convicted of a felony which is not considered a violent
crime or who have been convicted of a felony which is considered a
violent crime. The department shall then affix the identifying code
required by Section 56-1-140 at the next renewal of that person's South
Carolina driver's license.
(B) The Department of Probation, Parole, and Pardon Services shall
notify the department within six months after the effective date of this
section of those persons within the jurisdiction of the Department of
Probation, Parole, and Pardon Services who have been convicted of a
felony which is not considered a violent crime or who have been
convicted of a felony which is considered a violent crime and who are
currently on probation for this offense or who have been granted parole
for this offense. The department shall then affix the identifying code
required by Section 56-1-140 at the next renewal of that person's South
Carolina driver's license.
Section 56-1-143. The fee for affixing this identifying code is the
same as the fee for issuing a new license which must be paid by the
person convicted of or pleading to the felony. If the conviction or plea
for the felony is overturned on appeal, or if the person is subsequently
pardoned for the felony, he may request the department to issue him a
new license with the identifying code removed, and the department is
required to comply with this request without imposing a fee."
SECTION 4. The requirements of Section 56-1-140 of the 1976 Code,
as amended by Section 1 of this act, must be met upon the renewal of the
existing driver's licenses of persons convicted of felonies in this State,
except as otherwise provided by Section 56-1-141 as contained in
Section 3.
SECTION 5. This act takes effect upon approval by the Governor.
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