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Bill 4030

                    Current Status

Bill Number:                      4030
Ratification Number:              327
Act Number:                       263
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010426
Primary Sponsor:                  Easterday
All Sponsors:                     Easterday, McLeod
Drafted Document Number:          l:\council\bills\skb\18191som01.doc
Date Bill Passed both Bodies:     20020508
Governor's Action:                S
Date of Governor's Action:        20020520
Subject:                          DUS, driving under suspension; 
                                  magistrate's court has concurrent, not 
                                  exclusive, jurisdiction to hear offense


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020603  Act No. A263
------  20020520  Signed by Governor
------  20020514  Ratified R327
Senate  20020508  Read third time, enrolled for
                  ratification
Senate  20020502  Read second time, notice of
                  general amendments
Senate  20020501  Committee report: Favorable            11 SJ
Senate  20020206  Introduced, read first time,           11 SJ
                  referred to Committee
House   20020206  Read third time, sent to Senate
House   20020205  Read second time
House   20020130  Co-Sponsor added (Rule 5.2) by Rep.            McLeod
House   20020130  Committee report: Favorable            25 HJ
House   20010426  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on January 30, 2002 - Word format
Revised on May 1, 2002 - Word format

(A263, R327, H4030)

AN ACT TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE ONE'S LICENSE IS SUSPENDED SO AS TO PROVIDE THE MAGISTRATE'S COURT HAS CONCURRENT, NOT EXCLUSIVE, JURISDICTION TO HEAR THE OFFENSE OF DRIVING WHILE ONE'S LICENSE IS SUSPENDED FOR REASONS OTHER THAN FOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

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

Magistrate's court jurisdiction

SECTION 1. Section 56-1-460(A)(1) of the 1976 Code, as last amended by Act 376 of 2000, is further amended to read:

"(A)(1) Except as provided in subitem (2), a person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, be punished as follows:

(a) for a first offense, fined two hundred dollars or imprisoned for thirty days, or both;

(b) for a second offense, fined five hundred dollars or imprisoned for sixty consecutive days, or both; and

(c) for a third and subsequent offense, imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge.

Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this subitem may be tried in magistrate's court."

Time effective

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

Ratified the 14th day of May, 2002.

Approved the 20th day of May, 2002.

This web page was last updated on Tuesday, December 8, 2009 at 11:32 A.M.