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Indicates Matter Stricken
Indicates New Matter
March 22, 2001
S. Printed 3/22/01--S.
Read the first time January 24, 2001.
To whom was referred a Bill (S. 211) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
ADDISON G. WILSON for Committee.
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:
SECTION 1. Section 56-1-440 of the 1966 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
any 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 within seven days of being charged with a violation of this provision on or before the date this matter is set to be disposed of by the court."
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
within seven days of being charged with a violation of the provision contained in subsection (A) 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.
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