Current Status Introducing Body:Senate Bill Number:523 Primary Sponsor:Thomas Committee Number:15 Type of Legislation:GB Subject:DUI, confiscation of motor vehicle Residing Body:Senate Current Committee:Transportation Computer Document Number:DKA/4361AL.93 Introduced Date:19930309 Last History Body:Senate Last History Date:19930309 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Thomas Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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523 Senate 19930309 Introduced, read first time, 15
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2995 SO AS TO PROVIDE ADDITIONAL PENALTIES FOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS BY CONFISCATING THE MOTOR VEHICLE BEING OPERATED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-2995. In addition to the penalties provided by law for persons convicted of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), the motor vehicle driven by the person must be seized and impounded immediately upon arrest. If the offender is the owner of record or a resident of the household of the owner of record, the vehicle may be returned upon payment of a fine of five hundred dollars and any charges or fees incurred to seize or impound the vehicle, including towing and storage for a first offense. For a second offense, the person must pay a fine of one thousand dollars and any charges or fees incurred. For a third offense, the person must pay a fine of one thousand five hundred dollars and any charges or fees incurred. The fine imposed is in addition to other penalties provided and must not be suspended.
The court shall order a vehicle returned to the owner of record without any fine or fees if it is shown by a preponderance of the evidence that the use of the vehicle on the occasion of arrest was not either expressly or impliedly authorized."
SECTION 2. This act takes effect upon approval by the Governor.