Current Status Bill Number:
4434Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19960111Primary Sponsor: HarrisonAll Sponsors: HarrisonDrafted Document Number: pfm\7768cm.96Current Committee: Conference Committee 98 HCCDate of Last Amendment: 19960613Subject: DUI, drivers license suspension
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19960613 Free Conference Committee Report 89 SFCC adopted Senate 19960613 Free Conference Powers granted, 89 SFCC Holland appointed Senators to Committee Hayes of Free Conference Courtney House 19960613 Free Conference powers rejected House 19960530 Conference powers granted, 98 HCC Martin appointed Reps. to Committee of Knotts Conference D. Smith Senate 19960530 Conference powers granted, 88 SCC Holland appointed Senators to Committee Hayes of Conference Courtney Senate 19960530 Insists upon amendment House 19960530 Non-concurrence in Senate amendment Senate 19960523 Amended, read third time, returned to House with amendment Senate 19960425 Amended, read second time, ordered to third reading with notice of general amendments Senate 19960424 Committee report: Favorable with 11 SJ amendment Senate 19960417 Introduced, read first time, 11 SJ referred to Committee House 19960416 Read third time, sent to Senate House 19960411 Amended, read second time House 19960411 Objection by Representative Kirsh Cotty House 19960409 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.
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 23, 1996
S. Printed 5/23/96--S.
Read the first time April 17, 1996.
TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The first paragraph of Section 56-5-2990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The department shall suspend the driver's license of any a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other another law or ordinance of this State or of any a municipality of this State that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. Any A person whose license is revoked following conviction for a fifth offense as provided in this section is forever barred from being issued any license by the Department of Revenue and Taxation to operate a motor vehicle except as provided in Section 56-1-385."
SECTION 2. The 1976 Code is amended by adding:
"Section 56-1-385. (A) Notwithstanding another provision of law, a person whose driver's license or privilege to operate a motor vehicle has been revoked permanently pursuant to Section 56-5-2990, 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 may order the reinstatement of the person's driver's license upon the following conditions:
(1) the person must not have been convicted of an alcohol or drug violation during the previous five-year period;
(2) 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
(3) 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)(1) A person may not seek reinstatement of his driver's license pursuant to this section if the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.
(2) Nothing in this section may be construed to prohibit a person whose license has been revoked pursuant to Section 56-5-2930 before the effective date of this section from seeking reinstatement of his license pursuant to the provisions in this section.
(C) 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.
(D) 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 3. This act takes effect upon approval by the Governor.