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211Ratification Number: 97Act Number: 90Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010124Primary Sponsor: RybergAll Sponsors: RybergDrafted Document Number: l:\council\bills\ggs\22789cm01.docDate Bill Passed both Bodies: 20010530Governor's Action: SDate of Governor's Action: 20010820Subject: Driving without drivers' license, proof of insurance; dismissal of charge when; Motor Vehicles, Transportation, TrafficHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20010905 Act No. A90 ------ 20010820 Signed by Governor ------ 20010605 Ratified R97 House 20010530 Read third time, enrolled for ratification House 20010529 Read second time House 20010523 Committee report: Favorable 21 HEPW House 20010329 Introduced, read first time, 21 HEPW referred to Committee Senate 20010328 Read third time, sent to House Senate 20010327 Read second time, notice of general amendments ------ 20010326 Scrivener's error corrected Senate 20010322 Committee report: Favorable 15 ST Senate 20010124 Introduced, read first time, 15 ST referred to Committee Versions of This Bill Revised on March 22, 2001 - Word format Revised on March 26, 2001 - Word format Revised on May 23, 2001 - Word format
(A90, R97, S211)
AN ACT TO AMEND SECTION 56-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD OF TIME IN WHICH A PERSON MAY HAVE A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE DISMISSED; TO AMEND SECTION 56-10-225, AS AMENDED, RELATING TO MAINTAINING PROOF IN A REGISTERED MOTOR VEHICLE AT ALL TIMES THAT THE MOTOR VEHICLE IS INSURED, SO AS TO REVISE THE TIME PERIOD IN WHICH A PERSON CHARGED WITH FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MAY HAVE THE CHARGE DISMISSED.
Be it enacted by the General Assembly of the State of South Carolina:
Penalties for driving without a license
SECTION 1. Section 56-1-440 of the 1976 Code, as last amended by Part II, Section 103 of Act 100 of 1999, is further amended to read:
"Section 56-1-440. A person who drives a motor vehicle on a public highway of this State without a driver's license in violation of Section 56-1-20 is guilty of a misdemeanor and, upon conviction of a first offense, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined five hundred dollars or imprisoned for forty-five days, or both, and for a third and subsequent offense must be imprisoned for not less than forty-five days nor more than six months. However, a charge of driving a motor vehicle without a driver's license must be dismissed if the person provides proof of being a licensed driver at the time of the violation to the court on or before the date this matter is set to be disposed of by the court."
Failure to maintain proof of insurance
SECTION 2. Section 56-10-225(C) of the 1976 Code, as last amended by Part II, Section 103 of Act 100 of 1999, is further amended to read:
"(C) A person who fails to maintain the proof in his motor vehicle as required by subsection (A) is guilty of a misdemeanor and, upon conviction, is subject to the same punishment as provided by law for failure of the person driving or in control of a motor vehicle to carry the vehicle registration card and to display the registration card upon demand. However, a charge of failing to maintain proof that a motor vehicle is insured must be dismissed if the person provides proof that the motor vehicle was insured at the time of the violation to the court on or before the date this matter is set to be disposed of by the court. A person failing to maintain in his vehicle the proof required pursuant to subsection (A), within thirty days of being cited for this failure, shall provide proof of insurance or have his driver's license suspended until satisfactory proof is provided. Further, this proof must be provided every quarter for one year after being cited for driving without proof of liability insurance. Failure to provide this proof when required shall cause his driver's license to be suspended until satisfactory proof is provided."
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2001.
Approved the 20th day of August, 2001.
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