Current Status Bill Number:3914 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950404 Primary Sponsor:Simrill, All Sponsors:Simrill, Cromer, Hallman, Seithel, Sandifer, Mason, Meacham, Easterday, Lanford, Limbaugh, Tripp, Haskins, Wells, Fulmer, Davenport, Allison, Limehouse and Fleming Drafted Document Number:DKA\3822CM.95 Companion Bill Number:693 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Motor vehicle confiscation
Body Date Action Description Com Leg Involved
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House 19950404 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO REQUIRE A COURT TO CONFISCATE THE LICENSE PLATE AND MOTOR VEHICLE REGISTRATION OF EACH MOTOR VEHICLE REGISTERED IN THE NAME OF A PERSON CONVICTED OF CERTAIN CRIMES, TO PROVIDE THE PERIOD A PERSON WHOSE LICENSE PLATE HAS BEEN CONFISCATED MAY NOT APPLY FOR A NEW LICENSE, TO PROVIDE THE PROCEDURE FOR WHICH A LICENSE PLATE MUST BE SURRENDERED, TO PROVIDE THE PENALTY FOR A PERSON WHO FAILS TO SURRENDER A LICENSE, AND TO ALLOW A SPECIAL LICENSE PLATE TO BE ISSUED TO DRIVERS IN THE HOUSEHOLD OF A PERSON WHOSE LICENSE PLATE HAS BEEN CONFISCATED; TO AMEND SECTION 56-9-500, RELATING TO THE SUSPENSION OF A MOTOR VEHICLE REGISTRATION UPON SUSPENSION OR REVOCATION OF A PERSON'S DRIVER'S LICENSE AND THE CONTINUATION OF THE SUSPENSION UNTIL FINANCIAL RESPONSIBILITY IS PROVEN, SO AS TO NOT PERMIT A PERSON WHOSE MOTOR VEHICLE REGISTRATION MAY BE SUSPENDED UNDER CERTAIN CIRCUMSTANCES TO AVOID SUSPENSION BY MAINTAINING PROOF OF FINANCIAL RESPONSIBILITY ON ALL VEHICLES REGISTERED TO HIM; AND TO REPEAL SECTION 56-3-1340 RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE NOT AUTOMATICALLY SUSPENDING A PERSON'S MOTOR VEHICLE REGISTRATION OR LICENSE PLATES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-3-1335. (A) Upon conviction of the following crimes, the court must confiscate the license plate and motor vehicle registration of each motor vehicle registered in the convicted person's name:
(1) Section 56-5-2945 causing great bodily injury or death by operating a motor vehicle while under the influence of drugs or alcohol;
(2) a second or subsequent violation of Section 56-5-2930;
(3) a second or subsequent violation of Section 56-1-460;
(4) Section 56-5-1210 failure to stop and render aid during a motor vehicle accident that results in death or personal injury;
(5) Section 56-5-750 failure to stop a motor vehicle when signaled by a law enforcement vehicle; and
(6) Section 56-10-270 knowingly operating an uninsured motor vehicle.
(B) A person whose license plate and motor vehicle registration are confiscated pursuant to subitems (1), (2), and (3) of subsection (A) may not apply for a new license plate for a vehicle registered in his name during the period in which his privilege to drive is suspended. A person whose license plate and motor vehicle registration are confiscated pursuant to subitems (4), (5), or (6) of subsection (A), may not apply for a new license plate for one year after his conviction.
(C) A person convicted of a crime contained in this section must surrender the license plate of each vehicle registered in his name at the time he enters a plea of nolo contendere, a guilty plea, or is convicted. The court shall issue the convicted person a receipt for each plate surrendered.
(D) If a person fails to surrender a license plate pursuant to this section, a warrant must be issued to seize the license plate. A twenty-five dollar fee must be imposed upon a person who fails to surrender a license plate once a warrant is issued.
(E) The court may allow a motor vehicle pursuant to this section to be registered for the use of other licensed drivers in the household. The department shall issue a special license plate for this purpose."
SECTION 2. Section 56-9-500 of the 1976 Code is amended to read:
"Section 56-9-500. Whenever When the Department of Public Safety (department), under any law of this State, suspends or revokes the license of any a person upon receiving a record of conviction or forfeiture of bail and in all cases where the department suspends or revokes the driver's license of any a person under lawful the authority possessed by of the department, except in those cases provided for in Section 56-1-270, in which case the license only shall be is suspended and not the registration, the Department of Revenue shall also shall suspend the registration for all motor vehicles registered in the name of that person, except that it shall not suspend the registration, unless otherwise required by law, if that person has previously given or shall immediately give and thereafter maintain proof of financial responsibility with respect to all motor vehicles registered by him. The license and registration shall remain suspended or revoked and shall must not at any time thereafter be renewed nor shall any must a license be thereafter issued to that person nor shall any must a motor vehicle be thereafter registered in the name of that person until permitted under the motor vehicle laws of this State and not then until he shall give gives and thereafter maintain maintains proof of financial responsibility.
When such responsibility is provided for under the provisions of Section 56-9-550, certification shall be furnished by the insurance company to the department within fifteen days."
SECTION 3. Section 56-3-1340 of the 1976 Code is repealed.
SECTION 4. This act takes effect upon approval by the Governor.