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
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 CommitteeView additional legislative information at the LPITS web site.
AMENDED
February 7, 1996
H. 4433
S. Printed 2/7/96--H.
Read the first time January 11, 1996.
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.