H 4950 Session 112 (1997-1998)
H 4950 General Bill, By W.J. Young, Hamilton, Hawkins and Woodrum
Similar(S 263)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
56-1-146, 56-1-147, AND 56-1-148 SO AS TO PROVIDE THAT THE DEPARTMENT OF
PUBLIC SAFETY MUST BE NOTIFIED OF PERSONS CONVICTED OF FELONIES AND PERSONS
INCARCERATED OR ON PAROLE OR PROBATION FOR FELONIES SO THAT AN IDENTIFYING
CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSE OR SPECIAL IDENTIFICATION CARDS
IN A SPECIFIED MANNER; TO AMEND SECTION 56-1-80, AS AMENDED, SO AS TO THE
CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT AN
APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS
BEEN CONVICTED OF A FELONY IN THIS STATE AND, IF SO, THE FELONY; TO AMEND
SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE,
SO AS TO PROVIDE THAT A DRIVER'S LICENSE MUST HAVE A ONE-DIGIT CODE IF THE
PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING
THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO
THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THE STATE; TO AMEND SECTION
56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION
CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL APPLICATION CARD
MUST REQUEST WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY IN THIS
STATE; AND TO AMEND SECTION 56-1-3370, AS AMENDED, RELATING TO THE SIZE,
SHAPE, AND DESIGN OF A SPECIAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT A
SPECIAL IDENTIFICATION CARD MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN
CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN
THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE
APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE.
04/02/98 House Introduced and read first time HJ-5
04/02/98 House Referred to Committee on Judiciary HJ-6
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTIONS 56-1-146, 56-1-147, AND 56-1-148
SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC
SAFETY MUST BE NOTIFIED OF PERSONS CONVICTED OF
FELONIES AND PERSONS INCARCERATED OR ON PAROLE
OR PROBATION FOR FELONIES SO THAT AN IDENTIFYING
CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES OR
SPECIAL IDENTIFICATION CARDS IN A SPECIFIED
MANNER; TO AMEND SECTION 56-1-80, AS AMENDED,
RELATING TO THE CONTENTS OF A DRIVER'S LICENSE
APPLICATION, SO AS TO PROVIDE THAT AN APPLICATION
MUST CONTAIN A STATEMENT TO DETERMINE WHETHER
THE APPLICANT HAS BEEN CONVICTED OF A FELONY IN
THIS STATE AND, IF SO, THE FELONY; TO AMEND SECTION
56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A
DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S
LICENSE MUST HAVE A ONE-DIGIT CODE IF THE PERSON
HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS
OF THIS STATE IDENTIFYING THE PERSON IN THIS
MANNER, AND TO PROVIDE THAT THIS CODE MUST BE
MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT
OFFICERS OF THE STATE; TO AMEND SECTION 56-1-3350,
AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL
IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN
APPLICATION FOR A SPECIAL APPLICATION CARD MUST
REQUEST WHETHER THE APPLICANT HAS EVER BEEN
CONVICTED OF A FELONY IN THIS STATE; AND TO AMEND
SECTION 56-1-3370, AS AMENDED, RELATING TO THE SIZE,
SHAPE, AND DESIGN OF A SPECIAL IDENTIFICATION
CARD, SO AS TO PROVIDE THAT A SPECIAL
IDENTIFICATION CARD MUST HAVE A ONE-DIGIT CODE IF
THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER
THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN
THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST
BE MADE KNOWN TO THE APPROPRIATE LAW
ENFORCEMENT OFFICERS OF THIS STATE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-1-146. A person pleading guilty or nolo
contendere to a felony in this State or found guilty of a felony in this
State immediately shall surrender his South Carolina driver's license
or special identification card to the court pursuant to 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 of Public Safety. The department
shall affix the license or special identification card with the
identifying code required by Section 56-1-140 and return it to the
person. If the felony which the person was convicted of or pled to
requires the suspension or revocation of his driver's license, the
driver's license must not be returned to the person.
Section 56-1-147. (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 affix the
identifying code required by Section 56-1-140 at the next renewal of
that persons's South Carolina driver's license or special identification
card.
(B) The Department of Probation, Parole, and Pardon Services
shall notify the department within six months after the effective date
of this section of persons within its jurisdiction 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 affix the
identifying code required by Section 56-1-140 at the next renewal of
that person's South Carolina driver's license or special identification
card.
Section 56-1-148. The fee for affixing this identifying code is the
same as the fee for issuing a new license or special identification
card, 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 or special
identification card with the identifying code removed, and the
department is required to comply with this request without imposing
a fee."
SECTION 2. Section 56-1-80 of the 1976 Code, as last amended
by Act 459 of 1996, is further amended to read:
"Section 56-1-80. Every An 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 a license or permit has been suspended or
revoked or whether an application has been refused and, if so, the
date of and reason for the suspension, revocation, or refusal;
(6) state whether or not the applicant has ever been convicted
of a felony in this State and the felony.
Whenever an application is received from a person previously
licensed or permitted in another state, the department of Public
Safety, may 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 effect as though entered on the
operator's record in this State in the original instance. Every
A person who obtains a driver's license or permit for the first
time in South Carolina and every a person who
renews his driver's license or permit 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, showing that neither he, nor a resident relative,
owns a motor vehicle subject to the provisions of this chapter, must
be completed and delivered to the department at the time the
license or permit is issued or renewed."
SECTION 3. Section 56-1-140 of the 1976 Code, as last amended
by Section 55B, Part II, Act 497 of 1994, is further amended to read:
"Section 56-1-140. (A) Upon the payment of a fee
of twelve dollars and fifty cents, the department shall issue to
every a qualified applicant a driver's license as
applied for. The license must bear on it a distinguishing number
assigned to the licensee, the full name, date of birth, and residence
address and a brief description and laminated colored photograph of
the licensee, and 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 is valid until
it has been so signed by the licensee. The license authorizes the
licensee to operate only those classifications of vehicles as indicated
on the license.
(B) In addition to the contents of a driver's license provided
for in subsection (A), the driver's license of a person convicted of a
felony under the laws of this State must have a one-digit code
identifying the person as either having been convicted of a felony
which is not considered a violent crime or having been convicted of
a felony which is considered a violent crime. The code must be
developed by the department and made known to the appropriate law
enforcement officers and other judicial officials of this State. A
conviction under this section has the same meaning as defined in
Section 56-1-710."
SECTION 4. The first paragraph of Section 56-1-3350 of the 1976
Code, as last amended by Act 459 of 1996, is further amended to
read:
"Upon application by any a person ten years
of age or older who is a resident of South Carolina, the
department shall issue a special identification card as long as:
(1) the application is made on a form approved and furnished by
the department; and
(2) the applicant presents to the person issuing the identification
card a birth certificate or other evidence acceptable to the department
of his name and date of birth;
(3) the application states whether or not the applicant has ever
been convicted of a felony in this State and the felony."
SECTION 5. Section 56-1-3370 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-1-3370. (A) The special identification
card issued pursuant to this article shall must be
similar in size, shape, and design to a motor vehicle driver's license,
including a color photograph of the person to whom it is issued.
Provided, however, that However, the card
shall must be readily distinguishable from a driver's
license by a difference in color, and there shall must
be printed on the face of such the card a statement
that the card does not enable the person to whom it is issued to
operate a motor vehicle.
(B) In addition to the contents of a special identification card
provided for in subsection (A), the special identification card of a
person convicted of a felony under the laws of this State must have
a one-digit code identifying the person as either having been
convicted of a felony which is not considered a violent crime or
having been convicted of a felony which is considered a violent
crime. The code must be developed by the department and made
known to the appropriate law enforcement officers and other judicial
officials of this State. A conviction under this section has the same
meaning as defined in Section 56-1-710."
SECTION 6. The requirements of Section 56-1-140 of the 1976
Code, as amended by Section 3 of this act, must be met upon the
renewal of the existing driver's licenses or special identification cards
of persons convicted of felonies in this State, except as otherwise
provided by Section 56-1-146 as contained in Section 1 of this act.
SECTION 7. This act takes effect upon approval by the Governor.
-----XX----- |