South Carolina General Assembly
111th Session, 1995-1996

Bill 4433


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       4433
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19960111
Primary Sponsor:                   Harrison 
All Sponsors:                      Harrison 
Drafted Document Number:           dka\3417cm.96
Residing Body:                     House
Date of Last Amendment:            19960207
Subject:                           Driver license application after
                                   suspension



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960208  Rejected
House   19960207  Amended, read second time
House   19960207  Objection by Representative                      Simrill
House   19960207  Amended
House   19960201  Committee report: Favorable with         25 HJ
                  amendment
House   19960111  Introduced, read first time,             25 HJ
                  referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED

February 7, 1996

H. 4433

Introduced by REP. Harrison

S. Printed 2/7/96--H.

Read the first time January 11, 1996.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-385 SO AS TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO AUTHORIZE THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED OR REVOKED FOR A PERIOD LONGER THAN FIVE YEARS WHEN THE PERSON HAS HAD NO VIOLATIONS AFFECTING HIS LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF FIVE YEARS IMMEDIATELY BEFORE THE FILING OF HIS APPLICATION.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 56-1-385. (A) Notwithstanding any other provision of law, a person whose driver's license or privilege to operate a motor vehicle has been suspended or revoked for a continuous period of five or more years, excluding persons convicted of felony driving under the influence of alcohol or another controlled substance under Section 56-5-2945, may petition the circuit court in the county of his residence for reinstatement of his driver's license and shall serve a copy of the petition upon the solicitor of the circuit. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, then the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court shall consider each condition in this section and may issue an order reinstating the petitioner's privilege to drive. The court may order the reinstatement of the person's driver's license upon the following conditions:

(1) If the suspension occurred for a violation of a provision contained in Sections 56-1-745, 56-1-746, or 56-5-2930, or for the violation of another provision of this State, another state, or a foreign jurisdiction related to alcohol or drugs then:

(a) the person must not have been convicted of an alcohol or drug violation during the previous five-year period;

(b) the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and

(c) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.

(2) If the suspension occurred for a reason other than a violation contained in subsection (A)(1) then:

(a) the person must not have been convicted of a traffic or other violation during the previous five-year period; and

(b) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.

(B) If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of driving under the influence of alcohol or another controlled substance or felony driving under the influence of alcohol or another controlled substance will require the cancellation of the person's driver's license and the imposition of the full period of suspension and revocation for a previous violation.

(C) Before a person may have his driver's license reinstated under this section he must:

(1) pay a fifty dollar filing fee to the court; and

(2) successfully complete the requirements to obtain a driver's license contained in this article."

SECTION 2. This act takes effect upon approval by the Governor.

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