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H. 3451
STATUS INFORMATION
General Bill
Sponsors: Reps. Toole, Bingham, Harrison, E.H. Pitts and Cotty
Document Path: l:\council\bills\swb\5106cm03.doc
Companion/Similar bill(s): 126
Introduced in the House on January 29, 2003
Currently residing in the House Committee on Judiciary
Summary: Increased fines to fund law enforcement initiatives
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/29/2003 House Introduced and read first time HJ-7 1/29/2003 House Referred to Committee on Judiciary HJ-7 2/13/2003 House Member(s) request name added as sponsor: Cotty
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WITH A CANCELED, SUSPENDED, OR REVOKED LICENSE, SO AS TO INCREASE THE FINES IMPOSED PURSUANT TO THE PROVISIONS OF THIS SECTION, AND TO PROVIDE FOR THE DISTRIBUTION OF THESE FINES; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, OR DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO INCREASE THE FINES IMPOSED PURSUANT TO THE PROVISIONS OF THIS SECTION, AND TO PROVIDE FOR THE DISTRIBUTION OF THESE FINES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-460(A) of the 1976 Code, as last amended by Act 263 of 2002, is further amended to read:
"(A)(1) Except as provided in subitem (2), a person who drives a motor vehicle on any a public highway of this State when his license to drive is canceled, suspended, or revoked must be, upon conviction, be punished as follows:
(a) for a first offense, fined two three hundred dollars or imprisoned for thirty days, or both. One hundred dollars of the fine imposed pursuant to this subitem must be transferred to the state, county, or municipal governmental body whose law enforcement division charged the person with the offense and must be used for law enforcement salary increases, to hire additional law enforcement officers, and to purchase law enforcement equipment;
(b) for a second offense, fined five seven hundred dollars or imprisoned for sixty consecutive days, or both. Two hundred dollars of the fine imposed pursuant to this subitem must be transferred to the state, county, or municipal governmental body whose law enforcement division charged the person with the offense and must be used for law enforcement salary increases, to hire additional law enforcement officers, and to purchase law enforcement equipment; and
(c) for a third and subsequent offense, fined not less than four hundred dollars and imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge. Four hundred dollars of the fine imposed pursuant to this subitem must be transferred to the state, county, or municipal governmental body whose law enforcement division charged the person with the offense and must be used for law enforcement salary increases, to hire additional law enforcement officers, and to purchase law enforcement equipment.
Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under pursuant to the provisions of this subitem must be tried exclusively in magistrate's court.
(2) A person who drives a motor vehicle on any a public highway of this State when his license has been suspended or revoked pursuant to the provisions of Section 56-5-2990 must be, upon conviction, be punished as follows:
(a) for a first offense, imprisoned for not less than ten nor more than thirty days;
(b) for a second offense, fined not less than two hundred dollars and imprisoned for not less than sixty days nor more than six months. Two hundred dollars of the fine imposed pursuant to this subitem must be transferred to the state, county, or municipal governmental body whose law enforcement division charged the person with the offense and must be used for law enforcement salary increases, to hire additional law enforcement officers, and to purchase law enforcement equipment; and
(c) for a third and subsequent offense, fined not less than four hundred dollars and imprisoned for not less than six months nor more than three years. Four hundred dollars of the fine imposed pursuant to this subitem must be transferred to the state, county, or municipal governmental body whose law enforcement division charged the person with the offense and must be used for law enforcement salary increases, to hire additional law enforcement officers, and to purchase law enforcement equipment.
No portion of the minimum sentence imposed under pursuant to the provisions of this subitem may be suspended."
SECTION 2. Section 56-5-2940 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"Section 56-5-2940. (A) A person who violates a provision of Section 56-5-2930 or 56-5-2933, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished:
(1) by a fine of three four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense; however, in lieu instead of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu instead of the minimum sentence. One hundred dollars of the fine imposed pursuant to this subitem must be transferred to the state, county, or municipal governmental body whose law enforcement division charged the person with the offense and must be used for law enforcement salary increases, to hire additional law enforcement officers, and to purchase law enforcement equipment;
(2) by a fine of not less than two thousand two hundred dollars nor more than five thousand two hundred dollars and imprisonment for not less than forty-eight hours nor more than one year for the second offense. However, the fine imposed by this item may not be suspended in an amount less than one thousand two hundred dollars. In lieu Instead of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than ten days upon terms and conditions the court considers proper. Two hundred dollars of the fine imposed pursuant to this item must be transferred to the state, county, or municipal governmental body whose law enforcement division charged the person with the offense and must be used for law enforcement salary increases, to hire additional law enforcement officers, and to purchase law enforcement equipment;
(3) by a fine of not less than three thousand five eight hundred dollars nor more than six thousand three hundred dollars and imprisonment for not less than sixty days nor more than three years for the third offense. Three hundred dollars of the fine imposed pursuant to this item must be transferred to the state, county, or municipal governmental body whose law enforcement division charged the person with the offense and must be used for law enforcement salary increases, to hire additional law enforcement officers, and to purchase law enforcement equipment;
(4) by a fine of not less than four hundred dollars and imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense. Four hundred dollars of the fine imposed pursuant to this item must be transferred to the state, county, or municipal governmental body whose law enforcement division charged the person with the offense and must be used for law enforcement salary increases, to hire additional law enforcement officers, and to purchase law enforcement equipment.
(B) No part of the minimum sentences provided in this section must be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.
(C) The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.
(D) For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of any a law or ordinance of this or any other another state or any a municipality of this or any other another state that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute constitutes a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation shall constitute constitutes prior violations within the meaning of this section.
(E) Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside."
SECTION 3. All proceedings pending and all rights and liabilities existing, acquired, or at the time this act takes effect are saved. The provisions of this act apply prospectively to criminal offenses committed on or after the effective date of this act.
SECTION 4. This act takes effect upon approval by the Governor.
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