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4030Ratification Number: 327Act Number: 263Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010426Primary Sponsor: EasterdayAll Sponsors: Easterday, McLeodDrafted Document Number: l:\council\bills\skb\18191som01.docDate Bill Passed both Bodies: 20020508Governor's Action: SDate of Governor's Action: 20020520Subject: DUS, driving under suspension; magistrate's court has concurrent, not exclusive, jurisdiction to hear offenseHistory 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."
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.
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