South Carolina General Assembly
112th Session, 1997-1998

Bill 263


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                    263
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970128
Primary Sponsor:                Wilson
All Sponsors:                   Wilson, Courson and Giese 
Drafted Document Number:        dka\3995cm.97
Companion Bill Number:          4950
Residing Body:                  Senate
Current Committee:              Transportation Committee 15
                                ST
Subject:                        Public Safety to be notified of
                                felons, identifying code affixed to
                                drivers license, motor vehicles,
                                identification card

History

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

Senate  19970128  Introduced, read first time,             15 ST
                  referred to Committee


View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-146, 56-1-147, AND 56-1-148 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE NOTIFIED OF PERSONS CONVICTED OF FELONIES AND PERSONS INCARCERATED OR ON PAROLE OR PROBATION FOR FELONIES SO THAT AN IDENTIFYING CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES OR SPECIAL IDENTIFICATION CARDS IN A SPECIFIED MANNER; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT AN APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A FELONY IN THIS STATE AND, IF SO, THE FELONY; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THE STATE; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL APPLICATION CARD MUST REQUEST WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY IN THIS STATE; AND TO AMEND SECTION 56-1-3370, AS AMENDED, RELATING TO THE SIZE, SHAPE, AND DESIGN OF A SPECIAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT A SPECIAL IDENTIFICATION CARD MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 56-1-146. A person pleading guilty or nolo contendere to a felony in this State or found guilty of a felony in this State immediately shall surrender his South Carolina driver's license or special identification card to the court pursuant to Section 56-1-365. The clerk of court within ten days shall transmit the license, together with notice of the felony and whether or not it is a violent crime, to the Department of Public Safety. The department shall affix the license or special identification card with the identifying code required by Section 56-1-140 and return it to the person. If the felony which the person was convicted of or pled to requires the suspension or revocation of his driver's license, the driver's license must not be returned to the person.

Section 56-1-147. (A) The Department of Corrections shall notify the department within six months after the effective date of this section of those inmates within the custody of the Department of Corrections who have been convicted of a felony which is not considered a violent crime or who have been convicted of a felony which is considered a violent crime. The department shall affix the identifying code required by Section 56-1-140 at the next renewal of that persons's South Carolina driver's license or special identification card.

(B) The Department of Probation, Parole, and Pardon Services shall notify the department within six months after the effective date of this section of persons within its jurisdiction who have been convicted of a felony which is not considered a violent crime or who have been convicted of a felony which is considered a violent crime and who are currently on probation for this offense or who have been granted parole for this offense. The department shall affix the identifying code required by Section 56-1-140 at the next renewal of that person's South Carolina driver's license or special identification card.

Section 56-1-148. The fee for affixing this identifying code is the same as the fee for issuing a new license or special identification card, which must be paid by the person convicted of or pleading to the felony. If the conviction or plea for the felony is overturned on appeal, or if the person is subsequently pardoned for the felony, he may request the department to issue him a new license or special identification card with the identifying code removed, and the department is required to comply with this request without imposing a fee."

SECTION 2. Section 56-1-80 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-1-80. Every An application for a driver's license or permit must:

(1) be made upon the form furnished by the department;

(2) be accompanied by the proper fee and acceptable proof of date and place of birth;

(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;

(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country; and

(5) state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal;

(6) state whether or not the applicant has ever been convicted of a felony in this State and the felony.

Whenever an application is received from a person previously licensed or permitted in another state, the department of Public Safety, may request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every A person who obtains a driver's license or permit for the first time in South Carolina and every a person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.

The completed and verified form or an affidavit prepared by the department, showing that neither he, nor a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be completed and delivered to the department at the time the license or permit is issued or renewed."

SECTION 3. Section 56-1-140 of the 1976 Code, as last amended by Section 55B, Part II, Act 497 of 1994, is further amended to read:

"Section 56-1-140. (A) Upon the payment of a fee of twelve dollars and fifty cents, the department shall issue to every a qualified applicant a driver's license as applied for. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license.

(B) In addition to the contents of a driver's license provided for in subsection (A), the driver's license of a person convicted of a felony under the laws of this State must have a one-digit code identifying the person as either having been convicted of a felony which is not considered a violent crime or having been convicted of a felony which is considered a violent crime. The code must be developed by the department and made known to the appropriate law enforcement officers and other judicial officials of this State. A conviction under this section has the same meaning as defined in Section 56-1-710."

SECTION 4. The first paragraph of Section 56-1-3350 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Upon application by any a person ten years of age or older who is a resident of South Carolina, the department shall issue a special identification card as long as:

(1) the application is made on a form approved and furnished by the department; and

(2) the applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the department of his name and date of birth;

(3) the application states whether or not the applicant has ever been convicted of a felony in this State and the felony."

SECTION 5. Section 56-1-3370 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-3370. (A) The special identification card issued pursuant to this article shall must be similar in size, shape, and design to a motor vehicle driver's license, including a color photograph of the person to whom it is issued. Provided, however, that However, the card shall must be readily distinguishable from a driver's license by a difference in color, and there shall must be printed on the face of such the card a statement that the card does not enable the person to whom it is issued to operate a motor vehicle.

(B) In addition to the contents of a special identification card provided for in subsection (A), the special identification card of a person convicted of a felony under the laws of this State must have a one-digit code identifying the person as either having been convicted of a felony which is not considered a violent crime or having been convicted of a felony which is considered a violent crime. The code must be developed by the department and made known to the appropriate law enforcement officers and other judicial officials of this State. A conviction under this section has the same meaning as defined in Section 56-1-710."

SECTION 6. The requirements of Section 56-1-140 of the 1976 Code, as amended by Section 3 of this act, must be met upon the renewal of the existing driver's licenses or special identification cards of persons convicted of felonies in this State, except as otherwise provided by Section 56-1-146 as contained in Section 1 of this act.

SECTION 7. This act takes effect upon approval by the Governor.

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