H 3150 Session 111 (1995-1996)
H 3150 General Bill, By Kirsh, Fair, Harrell, R.J. Herdklotz, Inabinett, Knotts,
Richardson, Meacham, Simrill and Stille
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.
12/21/94 House Prefiled
12/21/94 House Referred to Committee on Judiciary
01/10/95 House Introduced and read first time HJ-52
01/10/95 House Referred to Committee on Judiciary HJ-53
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, as last
amended by Act 357 of 1994, is further 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, as last
amended by Act 181 of 1993, is further 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 56-1-746 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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