Current Status Bill Number:4653 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980218 Primary Sponsor:Edge All Sponsors:Edge Drafted Document Number:dka\4714cm.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:DUS, bail convictions or forfeitures prior offense; Transportation Department, Traffic violations, Highways and Streets
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980218 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE A PERSON'S DRIVER'S LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE THAT CERTAIN CONVICTIONS, PLEAS, AND FORFEITURES OF BAIL CONSTITUTE A PRIOR OFFENSE FOR THE PURPOSE OF PROSECUTION OF A SUBSEQUENT VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-460 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-460. A person who drives a motor vehicle on any a public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, must be fined two hundred dollars or imprisoned for thirty days for the first violation, for the second violation fined five hundred dollars and imprisoned for sixty consecutive days, and for the third and subsequent violation imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge. For purposes of this section, a conviction, entry of a plea of guilty or of nolo contendere, or forfetirue of bail, for the violation of a law of this State or its political subdivisions or another state or its political subdivisions, that prohbits a person from operating a motor vehicle while his license is canceled, suspended, or revoked is a prior offense for the purpose of a prosecution of a subsequent violation. The department, upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while his license was suspended for a definite period of time, shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the department shall again suspend the license of the person for an additional like period of time. If the suspension is not for a definite period of time, the suspension must be for an additional three months. If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, then the additional period of suspension pursuant to this section is thirty days, and the person does not have to offer proof of financial responsibility as required under Section 56-9-500 prior to his license being reinstated. If the conviction was upon a charge of driving while a license was revoked, the department shall not issue a new license for an additional period of one year from the date the person could otherwise have applied for a new license. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation, constitute prior violations within the meaning of this section.
If the license of the person convicted was suspended pursuant to the provisions of Section 56-5-2990, then he must be punished as follows and no part of the minimum sentence may be suspended:
(1) for a first offense, imprisoned for not less than ten nor more than thirty days;
(2) for a second offense, imprisoned for not less than sixty days nor more than six months;
(3) for a third and subsequent offense, not less than six months nor more than three years."
SECTION 2. This act takes effect upon approval by the Governor.