S 87 Session 112 (1997-1998)
S 0087 General Bill, By Holland
A BILL TO AMEND SECTION 56-1-460, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED, OR
REVOKED, SO AS TO EXPAND THE POSSIBLE PENALTY FOR A THIRD AND SUBSEQUENT
OFFENSE TO INCLUDE A SENTENCE OF NINETY DAYS TO SIX MONTHS HOUSE ARREST, WHEN
THE SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990, RELATING TO SUSPENSIONS
FOR DRIVING UNDER THE INFLUENCE.
01/14/97 Senate Introduced and read first time SJ-113
01/14/97 Senate Referred to Committee on Judiciary SJ-113
01/30/97 Senate Committee report: Favorable Judiciary SJ-17
02/06/97 Senate Read second time SJ-15
02/11/97 Senate Read third time and sent to House SJ-16
02/12/97 House Introduced and read first time HJ-15
02/12/97 House Referred to Committee on Judiciary HJ-15
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
January 30, 1997
S. 87
Introduced by Senator Holland
S. Printed 1/30/97--S.
Read the first time January 14, 1997.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 87), to amend Section 56-1-460,
Code of Laws of South Carolina, 1976, relating to penalties for
driving, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
ADDISON G. WILSON, for Committee.
A BILL
TO AMEND SECTION 56-1-460, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING
WHILE LICENSE IS CANCELED, SUSPENDED, OR REVOKED,
SO AS TO EXPAND THE POSSIBLE PENALTY FOR A THIRD
AND SUBSEQUENT OFFENSE TO INCLUDE A SENTENCE OF
NINETY DAYS TO SIX MONTHS HOUSE ARREST, WHEN THE
SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990,
RELATING TO SUSPENSIONS FOR DRIVING UNDER THE
INFLUENCE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 56-1-460 of the 1976 Code is amended to
read:
"Section 56-1-460. Any person who drives a motor vehicle
on any a public highway of this State when his
license to drive is canceled, suspended, or revoked is guilty of a
misdemeanor and must, upon conviction, must
be:
(1) for a first offense, fined two hundred dollars or
imprisoned for thirty days for the first violation,;
(2) for the a second violation
offense, fined five hundred dollars and imprisoned for sixty
consecutive days,; and
(3) for the a third and subsequent
violation offense, imprisoned or sentenced to a
period of house arrest for not less than ninety days nor more than
six months, no portion of which may be suspended by the trial judge.
The Department of Public Safety, upon receiving a record
of the conviction of any a person under
violating this section upon a charge of driving a vehicle
while his license was suspended for a definite period of time,
shall extend the period of the suspension for an additional like
period. If the original period of suspension has expired or terminated
before trial and conviction, the Department of Public Safety
shall again shall suspend the license of the person for
an additional like period of time. If the period
of suspension is not for a definite period of time,
the suspension must be for an additional three months. If the license
of a person cited for a violation of this section is suspended solely
pursuant to the provisions of Section 56-25-20, then the additional
period of suspension pursuant to this section is thirty days and the
person does not have to offer proof of financial responsibility as
required under Section 56-9-500 prior to before his
license being is reinstated. If the conviction was
upon a charge person was convicted of driving while
a his license was revoked, the department shall not
issue a new license for an additional period of one year from the date
the person could otherwise have applied for a new license. Only
those violations offenses which occurred within a
period of five years including and immediately preceding the
date of the last violation constitute prior violations
offenses within the meaning of this section.
If the license of the person convicted was suspended pursuant to the
provisions of Section 56-5-2990, then he must be punished as follows
and no part of the minimum sentence may be suspended:
(1) for a first offense, imprisoned for not less than ten nor more
than thirty days;
(2) for a second offense, imprisoned for not less than sixty days
nor more than six months;
(3) for a third and subsequent offense, not less than six months
nor more than three years."
SECTION 2. This act takes effect upon approval by the Governor.
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