S 1219 Session 109 (1991-1992)
S 1219 General Bill, By Thomas
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 24
to Chapter 5, Title 56 so as to provide for the requirement of a motor vehicle
ignition interlock device upon a second offense conviction of driving under
the influence of alcohol or drugs by setting forth definitions, requirements,
and penalties; to amend Sections 56-1-30, 56-1-40, 56-1-50, and 56-1-180,
relating to the issuance of drivers' licenses, beginners' permits, and special
restricted licenses, so as to increase the age requirements one year; to amend
Section 56-5-6240, relating to the forfeiture, confiscation, and sale of motor
vehicles of persons convicted of certain offenses, so as to provide for the
Section to apply to persons convicted of a second or subsequent instead of a
fourth or subsequent violation within the last ten years of driving under the
influence of intoxicating liquor or drugs; and to amend Section 59-39-310,
relating to driver education and training programs established by school
districts, so as to require the districts to include in the programs persons
at least sixteen years of age including persons in public and nonpublic
schools and persons not enrolled in schools and require persons under eighteen
years of age to complete the program before receiving a driver's license.
01/23/92 Senate Introduced and read first time SJ-4
01/23/92 Senate Referred to Committee on Transportation SJ-5
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING ARTICLE 24 TO CHAPTER 5, TITLE 56 SO AS TO
PROVIDE FOR THE REQUIREMENT OF A MOTOR VEHICLE
IGNITION INTERLOCK DEVICE UPON A SECOND OFFENSE
CONVICTION OF DRIVING UNDER THE INFLUENCE OF
ALCOHOL OR DRUGS BY SETTING FORTH DEFINITIONS,
REQUIREMENTS, AND PENALTIES; TO AMEND SECTIONS
56-1-30, 56-1-40, 56-1-50, AND 56-1-180, RELATING TO THE
ISSUANCE OF DRIVERS' LICENSES, BEGINNERS' PERMITS,
AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE
THE AGE REQUIREMENTS ONE YEAR; TO AMEND SECTION
56-5-6240, RELATING TO THE FORFEITURE, CONFISCATION,
AND SALE OF MOTOR VEHICLES OF PERSONS CONVICTED OF
CERTAIN OFFENSES, SO AS TO PROVIDE FOR THE SECTION
TO APPLY TO PERSONS CONVICTED OF A SECOND OR
SUBSEQUENT INSTEAD OF A FOURTH OR SUBSEQUENT
VIOLATION WITHIN THE LAST TEN YEARS OF DRIVING
UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR
DRUGS; AND TO AMEND SECTION 59-39-310, RELATING TO
DRIVER EDUCATION AND TRAINING PROGRAMS
ESTABLISHED BY SCHOOL DISTRICTS, SO AS TO REQUIRE
THE DISTRICTS TO INCLUDE IN THE PROGRAMS PERSONS AT
LEAST SIXTEEN YEARS OF AGE INCLUDING PERSONS IN
PUBLIC AND NONPUBLIC SCHOOLS AND PERSONS NOT
ENROLLED IN SCHOOLS AND REQUIRE PERSONS UNDER
EIGHTEEN YEARS OF AGE TO COMPLETE THE PROGRAM
BEFORE RECEIVING A DRIVER'S LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Article 24
Motor Vehicle Ignition Interlock Devices
Section 56-5-3010. As used in this article, an ignition interlock
device means a device which prevents the ignition of a motor vehicle
engine if the operator's blood-alcohol content is measurable by the
operator blowing his breath into the device.
Section 56-5-3020. (A) When a person is convicted in this State
of a second offense violation of Section 56-5-2930, in addition to all
other penalties, the court shall order at the time of sentence that before
his driver's license is reissued he shall install at his own expense an
ignition interlock device, approved by the South Carolina Department
of Highways and Public Transportation, on each motor vehicle
registered or leased in his or a member of his family's name or on a
motor vehicle which he operates. However, if a person is required to
operate a motor vehicle in the course and scope of his employment and
if the vehicle is owned by the employer, the person may operate that
vehicle without installation of an approved ignition interlock device if
the employer has been notified by the person that the person's driving
privilege has been restricted under this section and if the person has
proof of that notification in his possession or the notice or a facsimile
copy is with the vehicle.
(B) A motor vehicle owned by a business entity, which business
entity is all or partly owned or controlled by a person otherwise subject
to this article, is not a motor vehicle owned by the employer subject to
the exemption in this section.
Section 56-5-3030. A person ordered by the court to install a device
shall have the vehicle on which it is installed inspected once a month by
a highway patrolman who shall mail a report on a form furnished by the
Department of Highways and Public Transportation to the court which
sentenced the person stating whether or not the device is installed and
operable.
Section 56-5-3040. (A) It is unlawful for a person whose driving
privilege is restricted pursuant to this article to request or solicit a person
to blow into an ignition interlock device or to start a motor vehicle
equipped with the device to provide the person so restricted with an
operable motor vehicle.
(B) It is unlawful to blow into an ignition interlock device or to
start a motor vehicle equipped with the device to provide an operable
motor vehicle to a person whose driving privilege is restricted pursuant
to this article.
Section 56-5-3050. (A) In addition to other penalties, upon
conviction of a violation of this article, the Department of Highways and
Public Transportation shall revoke the person's driving privilege for one
year from the date of conviction.
(B) In addition to other penalties, if a person is convicted of a
violation of this article and if that person was convicted of a separate
violation of this article during the same period of required use of an
approved ignition interlock device, the department shall revoke the
person's driving privilege for five years from the date of
conviction."
SECTION 2. Section 56-1-30 of the 1976 Code is amended to read:
"Section 56-1-30. The following persons are exempt from
licenses under this article:
(1) Any An employee of the United States
Government while operating may operate a motor
vehicle owned by or leased to the United States Government and
being operated on official business, unless the employee is required
by the United States Government or the federal agency by which he is
employed to have a state driver's license;.
(2) A nonresident who is at least sixteen
seventeen years of age and who has in his immediate possession
a valid operator's or chauffeur's license issued to him in his home state
or country may operate a motor vehicle. However,
but a person may not claim a nonresidence exemption
under this provision who does not maintain a permanent residence
address in the state or country of which he holds a valid and current
operator's or chauffeur's license at which he regularly receives his mail
and which address is on file with the motor vehicle authorities of that
state or country; also,. A person may not claim
a nonresidence exemption under this provision who for all other
intents and purposes has or may remove his residence into this
State;.
(3) Any A nonresident who is at least eighteen
years of age and whose home state or country does not require the
licensing of operators may operate a motor vehicle for a period
of not more than ninety days in any a calendar
year, if the motor vehicle is duly registered in the home
state or country of the nonresident and. A nonresident
on active duty in the Armed Services of the United States who has a
valid license issued by his home state and the nonresident's spouse or
dependent who has a valid license issued by his home state;
may operate a vehicle.
(4) Any A person operating or driving
implements of husbandry farming equipment
temporarily drawn, propelled, or moved upon a highway.
(5) Any A person on active duty in the Armed
Services of the United States who has in his immediate possession a
valid driver's license issued in a foreign country or by the Armed
Services of the United States may operate a motor vehicle in this State
for a period of not more than ninety days from the date of his
return to the United States; and.
(6) A citizen of France who is at least eighteen years of age, who is
employed in South Carolina, and who has a valid driver's license issued
by that nation may drive in this State for four years."
SECTION 3. Section 56-1-40 of the 1976 Code is amended to read:
"Section 56-1-40. The department shall
may not issue any a motor vehicle driver's
license under this article to:
(1) Any a person who is under
sixteen seventeen years of age, except that the
department may issue a beginner's or instruction permit as provided in
Sections Section 56-1-50 and 56-1-60 to
any a person who is at least fifteen
sixteen years of age and except that the department may
issue a special restricted driver's license to any a
person who is at least fifteen years old sixteen years of
age and less than sixteen seventeen years as
provided in Section 56-1-180;
(2) Any a person whose license has been
suspended during such suspension or any person whose license has
been is revoked or suspended or is subject to being
revoked or suspended, except as otherwise provided for in this
article;
(3) Any a person who is an habitual drunkard, an
habitual user of narcotic drugs, or an habitual user of any
other another drug to a degree which renders him incapable
of safely driving a motor vehicle;
(4) Any a person who has previously
has been adjudged to be afflicted with or suffering from
any a mental disability or mental disease and who has
not at the time of application been restored to competency by methods
provided by law;
(5) Any a person who is required by this article
to take an examination, unless such the person shall
have successfully has passed such the
examination;
(6) Any a person who is required under the laws
of this State to deposit furnish proof of financial
responsibility and who has not deposited such furnished
the proof; or
(7) Any other another person who may
must not be issued a license as otherwise provided by the laws
of this State."
SECTION 4. Section 56-1-50 of the 1976 Code is amended to read:
"Section 56-1-50. (A) Any A
person who is at least fifteen sixteen years of age may
apply to the department for a beginner's permit. The department
may, after the applicant has passed successfully
passed all parts of the examination other than the driving test,
may issue to the applicant a beginner's permit which shall
entitle entitles the applicant having such
the permit in his immediate possession to drive a motor vehicle
upon the public highways for a period of not more than six
months. While so driving such the permittee
must be accompanied by a licensed driver twenty-one years of age or
older who has had at least one year of driving experience, and who is
occupying a seat beside the driver, except in the event if
the permittee is operating a motorcycle. Any A
beginner's permit may be renewed or a new permit issued for additional
periods of six months, but the department may refuse to renew or issue
a new permit where the examining officer has reason to believe that the
applicant has not made a bona fide effort to pass the required driver's
road test or does not appear to the examining officer to have the aptitude
to pass such the road test. The fee for every beginner's
or renewal permit shall be is two dollars and
shall. The permit must bear thereon the full name,
date of birth, residence address, and a brief description and
color photograph of the permittee and either a facsimile of the signature
of the permittee or a space upon which the permittee shall write his usual
signature with pen and ink immediately upon receipt of the permit. No
permit shall be is valid until it has been so
signed by the permittee.
(B) Any The following are not required to
obtain a beginner's permit to operate a motor vehicle:
(1) a student regularly enrolled in a high school of this
State which conducts a driver training course shall not be required
to obtain a beginner's permit to operate a motor vehicle while the
student is participating in the driver training course and when
accompanied by a qualified instructor of the driver training
course.;
(2) Also exempted from the requirement of the
beginner's permit are persons enrolled in driver training courses
conducted by driver training schools licensed under Chapter 23 of this
title. Provided, However, that such these persons
shall at all times must be accompanied by an instructor
of the school and drive only an automobile owned or leased by the
school which is covered by liability insurance in an amount not less than
the minimum required by law."
SECTION 5. Section 56-1-180 of the 1976 Code is amended to read:
"Section 56-1-180. The department may issue a special
restricted driver's license to any a person who is at least
fifteen years old sixteen and less than sixteen
seventeen years old of age, who has
first has acquired a beginner's permit or an instruction permit
and who has successfully has passed such
the road tests or otherwise as the department may in its
discretion prescribe, which. This special restricted
driver's license shall be is valid and lawful only under
the following conditions in the operation of:
(1) In the operation of all type types of
vehicles, except that between the hours of six o'clock
P.M. and six o'clock A.M., the holder of such a
special restricted driver's license must be accompanied by a licensed
adult, twenty-one years of age or more, or accompanied by the holder's
parent or guardian; provided, that commencing.
However, beginning on the day daylight saving time goes into
effect through August thirty-first the holder of such a
this license does not need not to be
so accompanied prior to before eight o'clock
P.M.;
(2) In the operation of farm machinery and equipment,
other than a passenger car, while engaged in agricultural pursuits;
and
(3) In the operation of a motor scooter or light
motor-driven cycle of five-brake horsepower or less."
SECTION 6. Section 56-5-6240 of the 1976 Code is amended to
read:
"Section 56-5-6240. (A) In addition to the penalties for
persons convicted of a fourth or subsequent violation within the last ten
years of operating a motor vehicle while his license is canceled,
suspended, or revoked (DUS), or a fourth second or
subsequent violation within the last ten years of operating a motor
vehicle while under the influence of intoxicating liquor or drugs (DUI),
the persons must shall have the motor vehicle they
drove during this offense forfeited if the offender is the owner of
record, or a resident of the household of the owner of record
under the terms and conditions as provided in subsections (B)
and (C) and. The motor vehicle must be confiscated by
the arresting officer or other law enforcement officer of that agency at
the time of arrest, which officer who shall deliver it
immediately to the head of his law enforcement agency or his authorized
agent who shall notify the clerk of court within forty-eight hours of the
confiscation. However, the clerk of court shall issue a Rule to Show
Cause immediately upon notification of the confiscation which must be
returnable before the presiding judge of the judicial circuit or his
designated hearing officer within ten days from the date of issuance of
the Rule to Show Cause, and the vehicle must be returned to the
owner of record if he can show by a preponderance of the evidence
that either:
(1) The use of the vehicle was not either expressly or
impliedly authorized, or.
(2) The owner of record did not know that the driver had no
valid license.
Forfeiture of a vehicle is subordinate in priority to all valid liens.
The law enforcement agency confiscating the vehicle shall provide
notice by certified mail of the confiscation to all lienholders of record
within ten days of the confiscation.
(B) Upon the conviction of the person driving the vehicle, or upon
his plea of guilty or nolo contendere to these offenses, the attorney
representing the governmental entity of which that law enforcement
agency is a part shall initiate an action in the circuit court of the county
in which the vehicle was seized to accomplish forfeiture by giving notice
to owners of record, lienholders of record, and other persons claiming
an interest in the vehicle subject to forfeiture and by giving these
persons an opportunity to appear and show why the vehicle should not
be forfeited and disposed of as provided for by this section.
Failure of a person claiming an interest in the vehicle to appear at the
above proceeding after having been given notice constitutes a waiver of
the claim;. However, the failure to appear does not
in any way alter or affect the claim of a lienholder of record. The
court, after hearing, shall order that the vehicle be forfeited to the State
or to the political subdivision of the State of which the law enforcement
agency is a part and sold in the manner provided herein, in
this section or returned to the owner of record. The court shall
order a vehicle returned to the owner of record if it is shown by a
preponderance of the evidence that either:
(1) The use of the vehicle on the occasion of arrest was not either
expressly or impliedly authorized, or.
(2) The owner of record did not know that the driver had
no valid driver's license.
Otherwise, the court shall order the vehicle forfeited. Forfeiture of
a vehicle is subordinate in priority to all valid liens and encumbrances.
Notice of the above proceedings in this subsection
must be accomplished by personal service of the owner of record,
lienholder of record, if any, and any other person
persons claiming an interest in the vehicle of a certified copy
of the petition or notice of hearing, and by publication of notice
in a newspaper of general circulation in the county where the vehicle
was seized for at least two successive weeks before the hearing.
Property constituted forfeited property by this section must be sold
as provided in subsection (C). (C) The law enforcement agency
making the arrest or its authorized agent shall sell the confiscated
vehicle at public auction for cash to the highest bidder in front of the
county courthouse in the county where it was confiscated or at another
suitable location in that county after having given ten days' public notice
of the sale by posting advertisement on the door or bulletin board of the
county courthouse or other location of the public auction, and by
publishing an advertisement of the auction at least once in a newspaper
of general circulation in the county at least ten days before the auction.
Upon the sale, the agency or its agent shall pay over the net proceeds,
after payment of the liens and encumbrances on the vehicle, and after
payment of the proper costs and expenses, if any, of the seizure,
advertisement, and sale including any proper expense
expenses incurred for the storage of the confiscated vehicle, to
the State or the political subdivision of this State of which the law
enforcement agency is a part, for use in law enforcement."
SECTION 7. Section 59-39-310 of the 1976 Code is amended to
read:
"Section 59-39-310. (A) The governing board of
any a school district maintaining a secondary school
which includes any grades nine through twelve, inclusive, shall
establish driver education and training programs for students in high
school grades persons at least sixteen years of age. This
program must be open to persons in public and nonpublic schools and
persons not enrolled in schools. The program must be established in
accordance with guidelines developed by the State Department of
Education and must include at least six hours of instruction on the
offense of alcohol or drug impaired driving.
(B) Persons under eighteen years of age shall complete the
program before receiving a driver's license and provide certification of
completion to licensing officials of the Department of Highways and
Public Transportation.
(C) The governing board of a school district may charge a uniform
fee within the district to participants in the program."
SECTION 8. This act takes effect upon approval by the Governor.
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