Current Status Bill Number:4706 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980225 Primary Sponsor:Fleming All Sponsors:Fleming, Campsen, Altman, Jennings and Cobb-Hunter Drafted Document Number:ggs\22011cm.98 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:19980326 Subject:Motor vehicle offenses, appeal of certain; penalty period; Transportation Department, Traffic violations
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980331 Introduced, read first time, 11 SJ
referred to Committee
House 19980327 Read third time, sent to Senate
House 19980326 Amended, read second time,
unanimous consent for third reading
on Friday, 19980327
House 19980325 Committee report: Favorable 25 HJ
House 19980225 Introduced, read first time, 25 HJ
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
AMENDED
March 26, 1998
H. 4706
Introduced by Reps. Fleming, Campsen, Altman, Jennings and Cobb-Hunter
S. Printed 3/26/98--H.
Read the first time February 25, 1998.
TO AMEND SECTION 56-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPEAL OF CERTAIN MOTOR VEHICLE OFFENSES THAT ACTS AS A SUPERSEDEAS, SO AS TO REVISE THE PERIOD WITHIN WHICH IMPOSITION OF THE PENALTY IS PRECLUDED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-430 of the 1976 Code is amended to read:
"Section 56-1-430. Upon conviction of an offense making mandatory the suspension or revocation of the driver's license of the convicted person so convicted, an appeal taken from such the conviction shall act acts as a supersedeas so as to preclude for a period of sixty days from the date of conviction to the date a final judgment is entered, any such the suspension or revocation. Pursuant to Section 56-1-365, the clerk of court of the court hearing the appeal must notify the Department of Public Safety of the final disposition of the appeal within ten days of receiving notice of it to allow the conviction to be removed from the driver's record or to allow the suspension to become effective."
SECTION 2. The fifth paragraph of Section 56-1-365 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act as a supersedeas as provided in Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate which entitles him to operate a motor vehicle for a period of sixty days after the verdict or plea until the department is notified that the conviction has been affirmed or overturned by appeal. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day period stay of suspension, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle. The clerk of court for the court hearing the appeal must notify the department of the final disposition of the appeal within ten days of receiving notice of it to allow the conviction to be removed from the driver's record or to allow the suspension to become effective."
SECTION 3. All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION 4. This act takes effect upon approval by the Governor.