Current Status Introducing Body:House Bill Number:3363 Primary Sponsor:Waldrop Committee Number:21 Type of Legislation:GB Subject:Drivers licenses, felony applicant Residing Body:House Current Committee:Education and Public Works Computer Document Number:CYY/18047.SD Introduced Date:Jan 30, 1991 Last History Body:House Last History Date:Jan 30, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Waldrop Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3363 House Jan 30, 1991 Introduced, read first time, 21
referred to Committee
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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.