South Carolina General Assembly
114th Session, 2001-2002

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Bill 3415


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3415
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010131
Primary Sponsor:                  Stille
All Sponsors:                     Stille, Littlejohn, Walker, Rodgers
Drafted Document Number:          l:\council\bills\skb\18097htc01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Speeding more than fifteen miles above 
                                  posted limit, temporary impoundment of motor 
                                  vehicles; Transportation, Traffic


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010221  Co-Sponsor added (Rule 5.2) by Rep.            Rodgers
House   20010131  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

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 SECTION 56-5-6247 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON CHARGED WITH DRIVING MORE THAN FIFTEEN MILES AN HOUR OVER THE POSTED SPEED LIMIT ON AN INTERSTATE HIGHWAY MUST BE TEMPORARILY IMPOUNDED AND TO PROVIDE THE SCHEDULE OF THE IMPOUNDMENT REVIEW, TO PROVIDE FOR AN APPEAL AND TO REQUIRE THE PAYMENT OF TOWING AND STORAGE COSTS BEFORE A VEHICLE MAY BE RELEASED.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 56-5-6247.    (A)    In addition to any other applicable criminal, civil, or administrative penalty, the motor vehicle driven by a person charged with exceeding the posted speed limit on an interstate highway by more than fifteen miles per hour must be ordered impounded by the arresting officer for:

        (1)    seven days for a first violation charged;

        (2)    fourteen days for a second violation charged; or

        (3)    thirty days for a third or subsequent violation charged.

    Violations occurring more than one year before the date of the violation causing the impoundment are not included as prior violations. Vehicles impounded under this section must be held at the impoundment lot for the jurisdiction employing the arresting officer.

    (B)    The owner of the impounded vehicle may apply for its immediate release to the magistrates or municipal court having jurisdiction of the violation. Grounds for release are severe economic or family hardship. Upon such a finding, the court shall order the release of the vehicle upon payment of all towing and storage costs.

    (C)    Notwithstanding the times of impoundment provided in subsection (A), no vehicle impounded pursuant to this section may be released unless all towing and storage costs have first been paid."

SECTION    2.    This act takes effect upon approval by the Governor.

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