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H. 4800
STATUS INFORMATION
General Bill
Sponsors: Rep. Townsend
Document Path: l:\council\bills\swb\5814cm04.doc
Companion/Similar bill(s): 1007
Introduced in the House on February 19, 2004
Introduced in the Senate on April 28, 2004
Last Amended on April 27, 2004
Currently residing in the Senate
Summary: Motor vehicles, alcohol related offenses
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/19/2004 House Introduced and read first time HJ-8
2/19/2004 House Referred to Committee on Education and Public Works HJ-9
4/22/2004 House Committee report: Favorable with amendment Education and
Public Works HJ-19
4/26/2004 Scrivener's error corrected
4/27/2004 House Amended HJ-80
4/27/2004 House Read second time HJ-81
4/28/2004 House Read third time and sent to Senate HJ-11
4/28/2004 Senate Introduced and read first time SJ-18
4/28/2004 Senate Referred to Committee on Judiciary SJ-18
5/12/2004 Senate Committee report: Favorable with amendment Judiciary
SJ-21
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/19/2004
4/22/2004
4/26/2004
4/27/2004
5/12/2004
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 12, 2004
H. 4800
S. Printed 5/12/04--S.
Read the first time April 28, 2004.
To whom was referred a Bill (H. 4800) to amend Section 56-5-2942, Code of Laws of South Carolina, 1976, relating to the immobilization of a motor vehicle, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all of the enacting and inserting therein:
/ SECTION 1. Article 1, Chapter 21 of Title 50 of the 1976 Code is amended by adding:
"Section 50-21-118. (A) A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 50-21-112 or 50-21-113, or a combination thereof, or any law that prohibits a person from operating a water device while under the influence of intoxicating liquor, drugs, or narcotics, must not register a water device in his name solely or jointly and must have all water devices owned by or registered to him immobilized if the person is a resident of this State, unless the water device has been confiscated.
(B) For purposes of this section, 'immobilized' and 'immobilization' mean suspension and surrender of the water device registration or certificate of number.
(C) Upon notification of a conviction, plea of guilty or nolo contendere in this State or any other state, for a second or subsequent violation of Section 50-21-112 or 50-21-113, or a combination thereof, or any law that prohibits a person from operating a water device while under the influence of intoxicating liquor, drugs, or narcotics, the department must deny the registration of a water device or suspend the registration of all water devices registered either solely or jointly to the person convicted.
(D) Upon notification of a conviction, in this State or any other state, for a second or subsequent violation of Section 50-21-112 or 50-21-113, or a combination thereof, or any law that prohibits a person from operating a water device while under the influence of intoxicating liquor, drugs, or narcotics, the department must require the person convicted to surrender all certificates of number or water device registrations subject to immobilization pursuant to this section. The immobilization or denial of registration is for a period of:
(1) thirty days for a second offense; or
(2) two years for a third or subsequent offense.
The period for immobilization or denial of registration begins on the date the person is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 50-21-112 or 50-21-113, or a combination thereof, or any law that prohibits a person from operating a water device while under the influence of intoxicating liquor, drugs, or narcotics. The department must maintain a record of all water devices immobilized pursuant to this section.
(E) An immobilized water device must be released to the holder of a bona fide lien on the water device when possession of the water device is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien.
(F) Before a suspended water device registration or certificate of number may be reinstated, a fee of forty dollars must be paid to the department for each water device that was immobilized. This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the department to defray expenses."
SECTION 2. Section 56-5-2942 is known and may be cited as 'Hatley's Law'.
SECTION 3. Section 56-5-2942, as added by Act 61 of 2003, is amended to read:
"Section 56-5-2942. (A) A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, must not register a motor vehicle in his name solely or jointly and must have all motor vehicles owned by or registered to him immobilized if the person is a resident of this State, unless the vehicle has been confiscated pursuant to Section 56-5-6240.
(B) For purposes of this section, 'immobilized' and 'immobilization' mean suspension and surrender of the registration and motor vehicle license plate.
(C) Upon sentencing notification of a conviction, plea of guilty or nolo contendere in this State or any other state, for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the court must ascertain the registration numbers or other information to determine the identity of the vehicles to be immobilized. The court must notify the department of a person's conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 and the identity of the vehicles to be immobilized department must deny the registration of a motor vehicle or suspend the registration of all vehicles registered either solely or jointly to the person convicted.
(D) Upon notification by a court in this State or by any other state of a conviction, in this State or any other state, for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the department must require the person convicted to surrender all license plates and vehicle registrations subject to immobilization pursuant to this section. The immobilization or denial of registration is for a period of:
(1) thirty days for a second offense; or
(2) two years for a third or subsequent offense.
to take place during the driver's license suspension pursuant to a conviction for The period of immobilization or denial of registration begins on the date the person is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics. The department must maintain a record of all motor vehicles immobilized pursuant to this section.
(E) An immobilized motor vehicle must be released to the holder of a bona fide lien on the motor vehicle when possession of the motor vehicle is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien.
(F) An immobilized motor vehicle may be released by the department without legal or physical restraints to a person who has not been convicted of or pled guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, if that person is a registered owner of the motor vehicle or a member of the household of a registered owner. The vehicle must be released if an affidavit is submitted by that person to the department stating that:
(1) he regularly drives the motor vehicle subject to immobilization;
(2) the immobilized motor vehicle is necessary to his employment, transportation to an educational facility, or for the performance of essential household duties;
(3) no other vehicle is available for the use of the person;
(4) the person will not authorize the use of the motor vehicle by any other person known by him to have been convicted of or pled guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics; and
(5) the person will report immediately to a local law enforcement agency any unauthorized use of the motor vehicle by a person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.
(G) The department may conduct a hearing and receive testimony regarding the veracity of an affidavit submitted pursuant to subsection (F) or issue an agency decision to permit or deny the release of the vehicle based on the affidavit. A person may seek relief pursuant to the provisions of the Administrative Procedures Act from an agency action immobilizing a vehicle or denying the release of the vehicle.
(H) A person who operates an immobilized vehicle except as provided in subsections (E) and (F) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(I) A person who falsifies a report concerning vehicles owned by or registered to that person, or who fails to surrender registrations and license plates pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(J) The court must assess Before a suspended registration or license plate may be reinstated, a fee of forty dollars must be paid to the department for each motor vehicle owned by or registered to the person convicted, of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 that was immobilized. This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the Department of Public Safety to defray the expenses of the Division of Motor Vehicles to defray expenses."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
GLENN F. MCCONNELL for Committee.
TO AMEND SECTION 56-5-2942, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE AFTER A PERSON IS CONVICTED OF CERTAIN ALCOHOL RELATED OFFENSES, SO AS TO PROVIDE THAT A VEHICLE MUST BE IMMOBILIZED AFTER THE DEPARTMENT OF MOTOR VEHICLES RECEIVES A CONVICTION OF A PERSON FOR A VIOLATION OF CERTAIN ALCOHOL RELATED OFFENSES INSTEAD OF AFTER THE PERSON IS SENTENCED; TO DELETE THE PROVISION THAT REQUIRES THE COURT TO ASCERTAIN THE REGISTRATION NUMBER OR OTHER INFORMATION TO DETERMINE THE IDENTITY OF A VEHICLE TO BE IMMOBILIZED, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL IDENTIFY ALL VEHICLES WHOSE REGISTRATIONS MUST BE SUSPENDED PURSUANT TO THIS SECTION, TO DELETE THE PROVISION THAT CREATES THE CRIME OF FALSIFYING A REPORT CONCERNING VEHICLES OWNED BY OR REGISTERED TO A PERSON, TO DELETE THE PROVISION THAT REQUIRES THE COURT TO ASSESS A FEE OF FORTY DOLLARS FOR EACH VEHICLE OWNED BY OR REGISTERED TO A PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF CERTAIN ALCOHOL RELATED OFFENSES, AND TO PROVIDE THAT A FEE OF FIFTY DOLLARS MUST BE PAID TO THE DEPARTMENT OF MOTOR VEHICLES FOR EACH VEHICLE THAT WAS SUSPENDED PURSUANT TO THIS SECTION BEFORE A SUSPENDED REGISTRATION AND LICENSE PLATE MAY BE REINSTATED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2942 of the 1976 Code, as added by Act 61 of 2003, is amended to read:
"Section 56-5-2942. (A) A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 must shall have all motor vehicles owned by or registered to him immobilized if the person is a resident of this State, unless the vehicle has been confiscated pursuant to Section 56-5-6240.
(B) For purposes of this section, 'immobilized' and 'immobilization' mean means suspension and surrender of the registration and motor vehicle license plate.
(C) Upon sentencing receipt of a conviction by the department from the court for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the court must ascertain the registration numbers or other information to determine the identity of the vehicles to be immobilized. The court must notify the department of a person's conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 and the identity of the vehicles to be immobilized department shall identify all vehicles registered either solely or jointly to the convicted person, and suspend all vehicles registered to him.
(D) Upon notification by a court in this State or by any other state of a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the department must shall require the person convicted to surrender all license plates and vehicle registrations subject to immobilization pursuant to this section. The immobilization is for a period of thirty days to take place during the driver's license suspension pursuant to a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. The department must shall maintain a record of all vehicles immobilized pursuant to this section.
(E) An immobilized motor vehicle must be released to the holder of a bona fide lien on the motor vehicle when possession of the motor vehicle is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien.
(F) An immobilized motor vehicle may be released by the department without legal or physical restraints to a person who has not been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, if that person is a registered owner of the motor vehicle or a member of the household of a registered owner. The vehicle must be released if an affidavit is submitted by that person to the department stating that:
(1) he regularly drives the motor vehicle subject to immobilization;
(2) the immobilized motor vehicle is necessary to his employment, transportation to an educational facility, or for the performance of essential household duties;
(3) no other vehicle is available for the use of the person;
(4) the person will not authorize the use of the motor vehicle by any other person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945;
(5) the person will report immediately to a local law enforcement agency any unauthorized use of the motor vehicle by a person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
(G) The department may conduct a hearing and receive testimony regarding the veracity of an affidavit submitted pursuant to subsection (F) or issue an agency decision to permit or deny the release of the vehicle based on the affidavit. A person may seek relief pursuant to the provisions of the Administrative Procedures Act from an agency action immobilizing a vehicle or denying the release of the vehicle.
(H) A person who operates an immobilized vehicle except as provided in subsections (E) and (F) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(I) A person who falsifies a report concerning vehicles owned by or registered to that person, or who fails to surrender registrations and license plates pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(J) The court must assess a fee of forty dollars for each motor vehicle owned by or registered to the person convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 A fee of fifty dollars must be paid to the department for each vehicle that was suspended before a suspended registration and license plate may be reinstated. This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the Department of Public Safety to defray the expenses of the Division Department of Motor Vehicles."
SECTION 2. This act takes effect upon approval by the Governor.
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