South Carolina General Assembly
113th Session, 1999-2000

Download This Bill in Microsoft Word format

Bill 3411


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3411
Ratification Number:              194
Act Number:                       115
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990128
Primary Sponsor:                  W. McLeod
All Sponsors:                     W. McLeod
Drafted Document Number:          l:\council\bills\kgh\15251cm99.doc
Date Bill Passed both Bodies:     19990602
Date of Last Amendment:           19990526
Governor's Action:                S
Date of Governor's Action:        19990630
Subject:                          DUI or DUS, motor vehicle property 
                                  forfeiture; Transportation Department, Traffic 
                                  violations, Drug and Alcohol Safety


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990721  Act No. A115
------  19990630  Signed by Governor
------  19990624  Ratified R194
House   19990602  Concurred in Senate amendment, 
                  enrolled for ratification
House   19990601  Debate adjourned on Senate
                  amendments
Senate  19990526  Amended, read third time, 
                  returned to House with amendment
Senate  19990525  Amended, read second time, 
                  ordered to third reading 
                  with notice of general amendments
Senate  19990525  Committee amendment adopted
Senate  19990520  Committee report: Favorable with       11 SJ
                  amendment
Senate  19990428  Introduced, read first time,           11 SJ
                  referred to Committee
House   19990428  Read third time, sent to Senate
House   19990427  Read second time
House   19990421  Committee report: Favorable            25 HJ
House   19990128  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill
Revised on April 21, 1999 - Word format
Revised on May 20, 1999 - Word format
Revised on May 25, 1999 - Word format
Revised on May 26, 1999 - Word format

View additional legislative information at the LPITS web site.


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

(A115, R194, H3411)

AN ACT TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION PROCEDURE FOR A MOTOR VEHICLE SEIZED FROM A PERSON CONVICTED OF DRIVING WITH A SUSPENDED DRIVER'S LICENSE (DUS), OR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER DRUG, OR COMBINATION OF DRUGS (DUI), SO AS TO PROVIDE THAT A MOTOR VEHICLE DRIVEN BY ITS REGISTERED OWNER OR A RESIDENT OF HIS HOUSEHOLD MUST BE FORFEITED FOR CERTAIN DUS AND DUI VIOLATIONS, TO DELETE THE PROVISION THAT PROVIDES THAT A MOTOR VEHICLE DRIVEN BY THE OWNER OF RECORD, OR A RESIDENT OF HIS HOUSEHOLD MUST BE FORFEITED IF THE DRIVER IS CONVICTED OF CERTAIN DUS OR DUI VIOLATIONS, TO PROVIDE THAT AN AUTHORIZED AGENT OF A SHERIFF OR CHIEF OF POLICE MAY RECEIVE A CONFISCATED MOTOR VEHICLE FROM CERTAIN LAW ENFORCEMENT OFFICERS, TO PROVIDE THAT A SHERIFF, CHIEF OF POLICE, OR THEIR AUTHORIZED AGENT SHALL BY CERTIFIED MAIL NOTIFY THE REGISTERED OWNER OF A MOTOR VEHICLE OF ITS CONFISCATION, TO PROVIDE THAT THE MOTOR VEHICLE CONFISCATION HEARING OFFICER SHALL DETERMINE WHETHER OR NOT ON THE OCCASION OF THE DRIVER'S ARREST THE REGISTERED OWNER OF THE MOTOR VEHICLE AUTHORIZED THE USE OF THE MOTOR VEHICLE OR WHETHER OR NOT HE KNEW THE DRIVER DID NOT POSSESS A VALID DRIVER'S LICENSE, AND RETURN THE MOTOR VEHICLE TO ITS REGISTERED OWNER IF THE SHOWING IS MADE THAT THE REGISTERED OWNER DID NOT AUTHORIZE THE USE OR DID NOT KNOW THAT THE DRIVER HAD A SUSPENDED DRIVER'S LICENSE, TO REVISE THE PROCEDURE FOR THE DISPOSAL OF A MOTOR VEHICLE THAT A REGISTERED OWNER FAILS TO REMOVE FROM THE POSSESSION OF A LAW ENFORCEMENT AGENCY WITHIN TEN DAYS OF A COURT ORDER ALLOWING ITS RETURN TO ITS REGISTERED OWNER, TO REVISE THE PROCEDURE THAT A SHERIFF OR CHIEF OF POLICE MUST FOLLOW TO ACCOMPLISH FORFEITURE OF A CONFISCATED MOTOR VEHICLE, TO PROVIDE THAT FORFEITURE OF A MOTOR VEHICLE IS SUBORDINATE TO ALL VALID LIENS AND ENCUMBRANCES UPON THE MOTOR VEHICLE, TO REVISE THE TYPE AND CONTENT OF PERSONAL AND PUBLIC NOTICE THAT MUST BE PROVIDED BY A SHERIFF OR CHIEF OF POLICE REGARDING A FORFEITED MOTOR VEHICLE BEFORE IT MAY BE DISPOSED OF, TO REVISE THE PROCEDURE TO DISPOSE OF A MOTOR VEHICLE AT PUBLIC AUCTION, TO PROVIDE FOR THE TRANSFER OF THE TITLE OF THE MOTOR VEHICLE TO ITS PURCHASER, TO PROVIDE THAT CERTAIN COSTS INCURRED FROM THE CONFISCATION, FORFEITURE, AND SALE OF A MOTOR VEHICLE MUST BE REIMBURSED FROM THE PROCEEDS OF THE SALE OF THE MOTOR VEHICLE, AND THAT THE REMAINING PROCEEDS FROM THE SALE OF A MOTOR VEHICLE MUST BE DEPOSITED IN THE GENERAL FUND OF EITHER THE COUNTY OR MUNICIPALITY THAT MAINTAINS JURISDICTION OVER THE MOTOR VEHICLE, TO PROVIDE THAT IF A REGISTERED OWNER, NEW PURCHASER, OR LIENHOLDER BELIEVES THE TOWING, PRESERVATION, AND STORAGE COSTS FOR THE MOTOR VEHICLE ARE EXCESSIVE, HE MAY PETITION THE MAGISTRATE IN THE JURISDICTION WHERE THE MOTOR VEHICLE WAS TAKEN INTO CUSTODY TO DETERMINE THE FAIR MARKET PRICE OF THESE SERVICES, AND TO PROVIDE THAT THIS PROVISION SHALL NOT ALTER A CONTRACTUAL OBLIGATION IN AN EXISTING INSURANCE POLICY; TO AMEND SECTION 56-1-170, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO PLACE RESTRICTIONS ON A PERSON'S DRIVER'S LICENSE TO ASSURE THE SAFE OPERATION OF A MOTOR VEHICLE BY A LICENSEE, SO AS TO PROVIDE THAT A PERSON EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION DURING HIS COURSE OF EMPLOYMENT OR EDUCATION DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-320, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT OF THIS STATE'S DRIVER'S LICENSE OR A NONRESIDENT'S DRIVING PRIVILEGE UPON HIS CONVICTION OF AN OFFENSE IN ANOTHER STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE A SPECIAL ROUTE RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES TO CERTAIN PERSONS WHOSE DRIVER'S LICENSES HAVE BEEN SUSPENDED, OR REVOKED UPON THEIR CONVICTION OF AN OFFENSE IN ANOTHER STATE; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE OR NONRESIDENT PRIVILEGE TO DRIVE, SO AS TO PROVIDE THAT A PERSON EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION DURING HIS COURSE OF EMPLOYMENT OR EDUCATION DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-748, RELATING TO THE INELIGIBILITY OF A PERSON WHO HAS BEEN ISSUED A SPECIAL ROUTE RESTRICTED DRIVER'S LICENSE UNDER CERTAIN PROVISIONS OF THE LAW TO OBTAIN A SUBSEQUENT SPECIAL ROUTE RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON IS INELIGIBLE TO OBTAIN A SPECIAL ROUTE RESTRICTED DRIVER'S LICENSE IF HE HAS PREVIOUSLY BEEN ISSUED A SPECIAL ROUTE RESTRICTED DRIVER'S LICENSE PURSUANT TO SECTIONS 56-1-170, 56-1-320, 56-1-740, 56-5-750, 56-9-430, 56-10-260, OR 56-10-270; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO A PERSON'S FAILURE TO STOP A MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE AND THE PENALTIES FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE THAT THE DRIVER'S LICENSE OF A PERSON WHO VIOLATES THIS PROVISION FOR CERTAIN SECOND OR SUBSEQUENT OFFENSES MUST HAVE HIS DRIVER'S LICENSE SUSPENDED INSTEAD OF REVOKED, AND TO PROVIDE THAT A PERSON ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO REFUSES TO SUBMIT TO CERTAIN CHEMICAL TESTS TO DETERMINE WHETHER THE PERSON WAS DRIVING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF THEM, THE ISSUANCE OF A TEMPORARY ALCOHOL RESTRICTED DRIVER'S LICENSE AND A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT IF A PERSON'S DRIVER'S LICENSE SUSPENSION IS UPHELD DURING AN ADMINISTRATIVE HEARING, A TEMPORARY ALCOHOL RESTRICTED DRIVER'S LICENSE THAT WAS ISSUED BEFORE THE HEARING SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT OF PUBLIC SAFETY ISSUES THE ADMINISTRATIVE HEARING OFFICER'S DECISION AND INFORMS THE PERSON THAT HE IS ELIGIBLE TO RECEIVE A ROUTE RESTRICTED SPECIAL DRIVER'S LICENSE IF HE IS EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY, TO INCREASE FROM TEN DAYS TO THIRTY DAYS WITHIN WHICH AN ADMINISTRATIVE HEARING MUST BE HELD AFTER A REQUEST FOR A HEARING IS RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT SCHEDULE THE HEARING WITHIN THIRTY DAYS, IT MUST ISSUE AN ORDER WITHIN TEN DAYS THAT SETS FORTH THE REASONS WHY THE HEARING WAS NOT HELD WITHIN THE INITIAL THIRTY DAYS AND SCHEDULES A NEW HEARING, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT ISSUE A WRITTEN ORDER WITHIN TEN DAYS OR FAILS TO SCHEDULE OR HOLD A SUBSEQUENT HEARING, THEN THE PERSON WHO REQUESTED THE HEARING MUST HAVE HIS DRIVER'S LICENSE, PERMIT, OR NONRESIDENT OPERATING PRIVILEGE REINSTATED, AND TO DELETE THE PROVISION THAT ALLOWS A CONTINUANCE TO BE GRANTED UPON A SHOWING OF EXIGENT CIRCUMSTANCES BY EITHER PARTY IN AN ADMINISTRATIVE HEARING, TO PROVIDE THAT IF A PERSON DOES NOT REQUEST AN ADMINISTRATIVE HEARING, HE MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, UNDER CERTAIN CONDITIONS, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE THAT A PERSON'S DRIVER'S LICENSE, PERMIT, OR NONRESIDENT OPERATING PRIVILEGE MUST BE RESTORED WHEN HIS PERIOD OF SUSPENSION HAS CONCLUDED EVEN IF HE HAS NOT COMPLETED THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM (ADSAP) IN WHICH HE IS ENROLLED, TO PROVIDE THAT AFTER A PERSON'S DRIVING PRIVILEGE IS RESTORED, HE MUST COMPLETE THE ADSAP IN WHICH HE IS ENROLLED TO MAINTAIN HIS DRIVING PRIVILEGE, AND TO PROVIDE THAT A PERSON MUST BE ATTENDING OR HAVE COMPLETED AN ADSAP BEFORE HIS DRIVING PRIVILEGE CAN BE RESTORED AT THE CONCLUSION OF THE SUSPENSION PERIOD; TO AMEND SECTION 56-9-430, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE AND REGISTRATION OF A PERSON AND THE SUSPENSION OF THE NONRESIDENT OPERATING PRIVILEGE OF A PERSON AGAINST WHOM A JUDGMENT HAS BEEN RENDERED UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT A PERSON EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION, DURING HIS COURSE OF EMPLOYMENT OR EDUCATION, DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-10-260, RELATING TO THE OFFENSE OF FALSELY CERTIFYING THAT A MOTOR VEHICLE IS INSURED OR PRESENTING THE DEPARTMENT OF PUBLIC SAFETY WITH FALSE EVIDENCE THAT A MOTOR VEHICLE A PERSON SEEKS TO REGISTER IS INSURED, AND PENALTIES FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE THAT THE DRIVER'S LICENSE OF A PERSON ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-10-270, RELATING TO THE OFFENSE OF OPERATING AN UNINSURED MOTOR VEHICLE AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE THAT A PERSON EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION, DURING HIS COURSE OF EMPLOYMENT OR EDUCATION, DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-5-6410, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO REVISE THE AGES OF CHILDREN THAT MUST BE SECURED BY A CHILD RESTRAINT SYSTEM OR BY A SAFETY BELT; AND TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF DUI, SO AS TO REVISE THE PERIOD IN WHICH THE DEPARTMENT OF PUBLIC SAFETY MUST NOTIFY A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED FOR A DUI CONVICTION THAT HE MUST ENROLL IN AN ALCOHOL AND DRUG SAFETY PROGRAM (ADSAP), TO PROVIDE THAT ADSAP SHALL DETERMINE IF A PROGRAM APPLICANT HAS SUCCESSFULLY COMPLETED ITS SERVICES, THAT THE PROGRAMS SHALL BEGIN AT LEAST ONCE A MONTH, AND THAT A PERSON WHOSE LICENSE IS SUSPENDED MUST ATTEND THE FIRST ADSAP AVAILABLE AFTER THE DATE OF HIS ENROLLMENT.

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

Forfeiture, confiscation, and disposition of motor vehicles obtained from persons convicted of DUS and DUI

SECTION 1. Section 56-5-6240 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:

"Section 56-5-6240. (A) In addition to the penalties for a person convicted of a fourth or subsequent violation within the last five years of operating a motor vehicle while his license is canceled, suspended, or revoked (DUS), or a third or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), the person must have the motor vehicle he drove during this offense forfeited as provided in subsections (B) and (C) if the person is the registered owner or a resident of the household of the registered owner. The vehicle must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest. The officer shall deliver it immediately to the sheriff, chief of police, or the authorized agent of the sheriff or chief of police, in the jurisdiction where the motor vehicle was confiscated. The sheriff, chief of police, or the authorized agent of the sheriff or chief of police shall by certified mail notify the registered owner of the confiscation within seventy-two hours. Upon notification of the confiscation, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer. The hearing must be held within ten days from the date of receipt of the request. The purpose of the hearing is to determine if there is a preponderance of the evidence that (1) the use of the vehicle on the occasion of the arrest was not expressly or impliedly authorized, or (2) the registered owner did not know that the driver did not possess a valid license. If the requisite showing is made, the vehicle must be returned to the registered owner. The vehicle confiscated pursuant to this section may be returned to the registered owner upon petition to the court by the law enforcement agency confiscating the vehicle if the criminal charge has not been disposed of within twelve months of the date of confiscation. If the registered owner of the vehicle does not remove the vehicle from law enforcement's possession within ten days of service of the court order allowing the return, law enforcement may dispose of the vehicle as provided in subsection (C). The sheriff or chief of police in possession of the vehicle must provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.

(B) If a person fails to file an appeal within ten days after his conviction or plea of guilty or nolo contendere to the offenses in subsection (A), the sheriff or chief of police shall initiate an action in the circuit court of the county in which the vehicle was confiscated to accomplish forfeiture by giving notice pursuant to subsection (C) to registered owners, lienholders of record, and other persons claiming an interest in the vehicle subject to forfeiture and by giving these persons an opportunity to appear at a hearing and show why the vehicle should not be forfeited and disposed of as provided in subsection (C). The failure of the lienholder to appear at the hearing does not in any way alter or affect the claim of a lienholder of record. Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances. The court, after hearing, shall order that the vehicle be forfeited to the sheriff or chief of police and sold in the manner provided in subsection (C), or returned to the registered owner. The court shall order a vehicle returned to the registered owner if it is shown by a preponderance of the evidence that (1) the use of the vehicle on the occasion of arrest was not expressly or impliedly authorized, or (2) the registered owner did not know that the driver did not possess a valid driver's license. Otherwise, the court shall order the vehicle forfeited and disposed of in the manner provided in subsection (C).

(C) A forfeited vehicle must be disposed of as follows:

(1) within fifteen days after the expiration of the ten-day appeal period, the sheriff or chief of police shall notify, by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record of the fact that the vehicle has been taken into custody. The notice must describe the year, make, model, and serial number of the vehicle, provide the name of the last known registered owner, set forth where the motor vehicle is being held, inform the owner and any lienholders of the right to reclaim the motor vehicle within thirty days of the date notice was received, upon payment of all reasonable towing, preservation, and storage charges resulting from placing the vehicle in custody, and state that the failure of the registered owner or lienholder to exercise his rights to reclaim the vehicle within the time provided is a waiver by the registered owner and all lienholders of all right, title, and interest in the vehicle, and consent to the sale of the vehicle at a public auction;

(2) if the identity or address of the last registered owner cannot be determined, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was taken into custody is sufficient to meet all requirements of notice pursuant to this subsection. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents as required for notice by registered mail;

(3) if the fair market value of the vehicle is five hundred dollars or more and the vehicle is not reclaimed as provided in this section, the sheriff or chief of police shall sell the vehicle at public auction. The purchaser of the vehicle shall take title to the vehicle free and clear of all liens and claims of ownership, receive a sales receipt from the sheriff or chief of police, and is entitled to register the vehicle and receive a certificate of title. The sales receipt is sufficient title only for the purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling without the necessity of additional titling of the vehicle. The costs of the hearing, auction, and reasonable towing and storage charges which resulted from placing the vehicle in custody, all notice and publication costs, and all legal costs incurred pursuant to this subsection must be reimbursed from the proceeds of the sale of the vehicle. Any remaining proceeds from the sale must be deposited in the general fund of the county or municipality;

(4) if the fair market value of the vehicle is less than five hundred dollars, it must be sold as scrap to the highest bidder after first receiving at least two bids.

If the registered owner, new purchaser, or lienholder believes the towing, preservation, and storage costs are excessive, he may petition the magistrate in the jurisdiction where the vehicle was taken into custody to determine the fair market price of the services.

Nothing contained in this section shall alter a contractual obligation in an existing insurance policy."

Issuance of a restricted driver's license

SECTION 2. Section 56-1-170 of the 1976 Code is amended to read:

"Section 56-1-170. (A) The department upon issuing a driver's license has authority, whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or other restrictions applicable to the licensee as the department determines to be appropriate to assure the safe operation of a motor vehicle by the licensee. The department may either issue a special restricted license or may set forth the restrictions on the usual license form. The department shall not discriminate against a handicapped person by treating him in a different manner than it treats a nonhandicapped person. A handicapped person shall have the option of taking the same test as a nonhandicapped person and, upon satisfactory completion of the test, shall be issued a license comparable to which a nonhandicapped person would be qualified to receive. A person who has been issued a driver's license without restrictions who was handicapped at the time of the issuance of the license may have his driver's license renewed without restrictions unless he has received an additional handicap.

The department may, upon receiving satisfactory evidence of any violation of the restrictions of the license, suspend or revoke the license, but the licensee shall be entitled to a hearing as upon a suspension or revocation under this article.

Any person who operates a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

(B)(1) If a person is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and that he lives further than one mile from his place of employment or place of education.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."

Suspension of a driver's license upon a conviction in another state

SECTION 3. Section 56-1-320 of the 1976 Code, as last amended by Act 150 of 1997, is further amended to read:

"Section 56-1-320. (A) The department may, in its discretion, suspend or revoke the license of any resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of the person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the South Carolina license.

However, if a resident of this State has his driver's license revoked or suspended for a motor vehicle violation in another jurisdiction, the department must review the revocation or suspension period for the out-of-state conviction and apply the laws of this State if the out-of-state revocation or suspension period exceeds the revocation or suspension period provided under the laws of this State for that offense. If the laws of this State are applied to an out-of-state conviction, the department must restore the person's privilege to drive in South Carolina once the person has cleared the suspension pursuant to this title, regardless of whether the person's privilege to drive has been restored in the state where the conviction occurred, provided the person is otherwise eligible for the issuance or renewal of a South Carolina license. If the laws of this State, which are applied to an out-of-state conviction, permit the issuance of a special route restricted driver's license for transportation between home and work, college, or university, the department shall permit a special route restricted license according to the requirements of this state's applicable law.

If another state restores limited or restricted driving privileges to the person whose license has been suspended or revoked, the restoration of privileges shall also be valid in this State, and the department must issue a driver's license to the person under the same terms and conditions under which driving is authorized in the state of conviction.

(B) The department may not refuse to issue or renew a driver's license to a person who:

(1) is still under suspension or revocation in another jurisdiction for an out-of-state conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C);

(2) has received notice of clearance from the jurisdiction where the revocation or suspension has terminated or that all requirements necessary for reissuance of driving privileges in that jurisdiction are met; or

(3) does not have a letter of clearance from the jurisdiction where the conviction occurred and is still under suspension or revocation in that jurisdiction for a conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C)."

Suspension of a driver's license and issuance of a restricted driver's license

SECTION 4. Section 56-1-740 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-1-740. (A) The department may suspend, for not more than six months, the driver's license and privilege of a person upon a showing by its records, based on a uniform point system as authorized in this article, that the licensee has been convicted with such frequency of offenses against motor vehicle traffic laws or ordinances as to indicate a disrespect for the laws or ordinances and a disregard for the safety of other persons on the highways. For the purposes of this article, a total of twelve points assessed against a driver as determined by the values designated in Section 56-1-720 indicates disrespect and disregard. The privilege of driving a motor vehicle on the highways of this State, given to a nonresident under the laws of this State, is subject to suspension by the department in like manner, and for like cause, the same as a driver's license issued by this State may be suspended.

Periods of suspension of the license or privilege of a person for various accumulation of points must be as follows, with the person having the privilege to request a review of his driving record:

(1) twelve to fifteen points - three months' suspension;

(2) sixteen or seventeen points - four months' suspension;

(3) eighteen or nineteen points - five months' suspension;

(4) twenty points and over - six months' suspension.

(B)(1) If a person is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and that he lives further than one mile from his place of employment or place of education.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."

Issuance of a restricted or a special restricted driver's license

SECTION 5. Section 56-1-748 of the 1976 Code is amended to read:

"Section 56-1-748. No person issued a restricted driver's license under the provisions of Section 56-1-170(B), Section 56-1-320(A), Section 56-1-740(B), Section 56-1-745(C), Section 56-1-746(D), Section 56-5-750(G), Section 56-9-430(B), Section 56-10-260(B), or Section 56-10-270(C) shall subsequently be eligible for issuance of a special restricted driver's license under these provisions."

Issuance of a special restricted driver's license to a person convicted of failure to stop when signaled by a law enforcement vehicle

SECTION 6. Section 56-5-750 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-5-750. (A) In the absence of mitigating circumstances, it is unlawful for a motor vehicle driver, while driving on a road, street, or highway of the State, to fail to stop when signaled by a law enforcement vehicle by means of a siren or flashing light. An attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren does not excuse a failure to stop when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle.

(B) A person who violates the provisions of subsection (A):

(1) for a first offense where no great bodily injury or death resulted from the violation, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or imprisoned for not less than ninety days nor more than three years. The department must suspend the person's driver's license for at least thirty days; or

(2) for a second or subsequent offense where no great bodily injury or death resulted from the violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years. The person's driver's license must be suspended by the department for a period of one year from the date of the conviction.

(C) A person who violates the provisions of subsection (A) and when driving performs an act forbidden by law or neglects a duty imposed by law in the driving of the vehicle:

(1) where great bodily injury resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years; or

(2) where death resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty-five years.

(D) The department must revoke the driver's license of any person who is convicted pursuant to subsection (C)(1) or (C)(2) for a period to include any term of imprisonment, suspended sentence, parole, or probation, plus three years.

(E) 'Great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss of or impairment of the function of a bodily member or organ.

(F) After a conviction pursuant to subsection (B)(1) for a first offense, the person may, after three years from the date of completion of all terms and conditions of his sentence for the first offense, apply, or cause someone acting on his behalf to apply, to the court for an order expunging the records of the arrest and conviction. This provision does not apply to any crime classified as a felony. If the person has had no other conviction during the three-year period following the completion of the terms and conditions of the sentence, the court shall issue an order expunging the records. No person has any rights under this section more than one time. After the expungement, the South Carolina Law Enforcement Division and the Department of Public Safety are required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under the Freedom of Information Act or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once.

(G)(1) If a person is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to subsection (B) of this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and that he lives further than one mile from his place of employment or place of education.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."

Suspension of driver's license for refusal to submit to a test to determine alcohol concentration

SECTION 7. Section 56-5-2951(D) of the 1976 Code, as added by Act 434 of 1998, is amended to read:

"(D) Within ten days of the issuance of the notice of suspension the person may:

(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H), or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J); and

(2) request an administrative hearing.

At the administrative hearing if:

(a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (K);

(b) the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.

The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930 or Section 56-5-2945."

Driver's license suspension administrative hearing

SECTION 8. Section 56-5-2951(H) of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:

"(H) An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not schedule the hearing within thirty days, a written order must be issued by the department within ten days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within ten days or fails to schedule or hold a subsequent hearing, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:

(1) was lawfully arrested or detained;

(2) was advised in writing of the rights enumerated in Section 56-5-2950;

(3) refused to submit to a test pursuant to Section 56-5-2950; or

(4) consented to taking a test pursuant to Section 56-5-2950, and the:

(a) reported alcohol concentration at the time of testing was fifteen one-hundredths of one percent or more;

(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;

(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and division procedures; and

(d) the machine was working properly.

Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.

A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing."

Issuance of a special restricted driver's license to a person whose driver's license is suspended for nonpayment of a judgment

SECTION 9. Section 56-9-430 of the 1976 Code is amended to read:

"Section 56-9-430. (A) The department upon receipt of a certified copy of judgment shall suspend the license and registration and any nonresident's operating privilege of any person against whom the judgment was rendered, except as otherwise provided in Sections 56-9-440 to 56-9-460 and 56-9-490.

(B)(1) If a person is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and that he lives further than one mile from his place of employment or place of education.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."

Issuance of a special restricted driver's license to a person whose driver's license has been suspended for filing a false certificate or false evidence that a motor vehicle is insured

SECTION 10. Section 56-10-260 of the 1976 Code is amended to read:

"Section 56-10-260. (A) Any person who knowingly makes a false certificate as to whether a motor vehicle is an insured motor vehicle or presents to the department false evidence that any motor vehicle sought to be registered is insured is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined two hundred dollars or imprisoned for thirty days, or both, and for a third or subsequent offense must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section. The department shall deny, for a period of six months, registration of any motor vehicle for which a false certificate or false evidence is presented that the vehicle is insured and shall revoke, and may not thereafter reissue for a period of six months, the driver's license of any person making a false certificate or offering false evidence, and then only when all other provisions of law have been complied with by that person.

(B)(1) If a person is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and that he lives further than one mile from his place of employment or place of education. The department may not issue the special restricted driver's license until proof of financial responsibility has been filed.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."

Issuance of a special restricted driver's license to a person whose driver's license has been suspended for operating an uninsured motor vehicle

SECTION 11. Section 56-10-270 of the 1976 Code is amended to read:

"Section 56-10-270. (a) Any person knowingly operating an uninsured motor vehicle subject to registration in this State or any person knowingly allowing the operation of an uninsured motor vehicle subject to registration in this State is guilty of a misdemeanor and, upon conviction, must: for a first offense, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days; for a second offense, be fined two hundred dollars or imprisoned for thirty days, or both; and for a third or subsequent offense must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section. An uninsured motor vehicle includes an insured vehicle with respect to which the operator has been excluded from coverage pursuant to the provisions of Section 38-77-340.

(b) The department upon receipt of information to the effect that any person has been convicted of violating subsection (a) of this section shall suspend the driving privilege and all license plates and registration certificates issued in the person's name for a period of thirty days and may not reinstate that person's privileges until proof of financial responsibility has been filed.

(c)(1) If a person is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and that he lives further than one mile from his place of employment or place of education. The department may not issue the special restricted driver's license until proof of financial responsibility has been filed.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.

(d) Any person whose license plates and registration certificates which are suspended as provided in this section, which are not suspended for any other reason, may have them immediately restored if he files proof of financial responsibility with the department."

Child restraint system requirements

SECTION 12. Section 56-5-6410 of the 1976 Code is amended to read:

"Section 56-5-6410. Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) registered in this State or primarily operated on the highways and streets of this State when transporting a child under six years of age upon the public streets and highways of the State shall provide an appropriate child passenger restraint system and shall secure the child as follows:

(1) Any child three years of age or less must be properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration.

(2) Any child four or five years of age must be secured by a safety belt provided in the motor vehicle unless properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration.

Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article."

Issuance of a special restricted driver's license upon enrollment in an Alcohol and Drug Safety Action Program

SECTION 13. Section 56-5-2951 of the 1976 Code, as added by Act 434 of 1998, is amended by adding at the end:

"(R) If a person does not request an administrative hearing within the ten-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment or education, and that there is no adequate public transportation between his residence and his place of employment or his place of education. The department shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."

Completion of an Alcohol and Drug Safety Action Program pursuant to an alcohol related driver's license suspension

SECTION 14. A. Section 56-5-2990 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:

"Section 56-5-2990. (A) The department shall suspend the driver's license of a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from driving 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 conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth or subsequent conviction, plea of guilty or of nolo contendere, or forfeiture of bail. 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. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. A person whose license is revoked following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385.

(B) Any person whose license is suspended under the provisions of this section, Section 56-1-286, or Section 56-5-2951 must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. Entry into and successful completion of the services, if the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant whose license is suspended pursuant to this section. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. Alcohol and Drug Safety Action Programs shall begin at least once a month. The person whose license is suspended must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment.

(C) The applicant shall bear the cost of the services to be determined by the Alcohol and Drug Safety Action Program and approved by the Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. No applicant may be denied services due to an inability to pay.

(D) The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed services within six months of the date of enrollment or shall certify that the person is making satisfactory progress toward completion of the program. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program within six months of enrollment, a hearing must be provided by the Alcohol and Drug Safety Action Program whose decision is appealable to the Department of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the department may restore the privilege to drive a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may not be endangered.

(E) The department and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing, or otherwise. These procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department.

(F) Except as provided for in Section 56-1-365(D) and (E), the driver's license suspension periods under this section begin on the date the person 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 law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics; however, a person is not prohibited from filing a notice of appeal and receiving a certificate which entitles him to operate a motor vehicle for a period of sixty days after the conviction, plea of guilty or nolo contendere, or bail forfeiture pursuant to Section 56-1-365(F)."

B. This section takes effect July 1, 1999.

Restoration of a person's driver's license while he completes an Alcohol and Drug Safety Action Program

SECTION 15. A. Section 56-5-2951(L), (M), (N), (O), and (P) of the 1976 Code, as added by Act 434 of 1998, are further amended to read:

"(L) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (K) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue the services of the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license shall be suspended until the completion of the Alcohol and Drug Safety Action Program. A person must be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.

(M) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the provisions of this section, the department must give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.

(N) The department shall not suspend the privilege to drive of a person under the age of twenty-one pursuant to Section 56-1-286 if the person's privilege to drive has been suspended under this section arising from the same incident.

(O) A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.

(P) An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Sections 56-1-286, 56-5-2930, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation.

(Q) The department shall administer the provisions of this section and shall promulgate regulations necessary to carry out its provisions."

B. This section takes effect July 1, 1999.

Time effective

SECTION 16. This act takes effect upon approval by the Governor.

Ratified the 24th day of June, 1999.

Approved the 30th day of June, 1999.

__________


This web page was last updated on Wednesday, December 9, 2009 at 9:14 A.M.