Current Status Bill Number:128 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Rankin All Sponsors:Rankin Drafted Document Number:RES9287.LAR Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19960410 Subject:Driving under suspension, provisions
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960416 Introduced, read first time, 25 HJ
referred to Committee
Senate 19960410 Amended, read third time,
sent to House
Senate 19960404 Amended, read second time,
ordered to third reading
with notice of general amendments
Senate 19960403 Committee report: Favorable with 11 SJ
amendment
Senate 19960125 Committed to Committee 11 SJ
Senate 19960125 Recalled from Committee 15 ST
Senate 19950110 Introduced, read first time, 15 ST
referred to Committee
Senate 19941003 Prefiled, referred to Committee 15 ST
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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
April 10, 1996
S. 128
S. Printed 4/10/96--S.
Read the first time January 10, 1995.
TO AMEND SECTION 56-1-460 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO DECREASE THE PERIOD OF INCARCERATION FROM SIXTY TO THIRTY DAYS FOR A SECOND OFFENSE, WHEN THE SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990, RELATING TO SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-460 of the 1976 Code, as last amended by Act 181 of 1993, is further 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 or imprisoned for sixty consecutive days,. Violations for a second offense are triable in magistrate's court; and
(3) for the a third and subsequent violation offense, imprisoned 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 time 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.