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Indicates Matter Stricken
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H. 4802
STATUS INFORMATION
General Bill
Sponsors: Rep. Townsend
Document Path: l:\council\bills\swb\5815cm04.doc
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 Committee on Judiciary
Summary: Revoked driver's licenses
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-10
2/19/2004 House Referred to Committee on Education and Public Works HJ-11
4/22/2004 House Committee report: Favorable with amendment Education and
Public Works HJ-20
4/26/2004 Scrivener's error corrected
4/27/2004 House Amended HJ-83
4/27/2004 House Read second time HJ-84
4/28/2004 House Read third time and sent to Senate HJ-12
4/28/2004 Senate Introduced and read first time SJ-19
4/28/2004 Senate Referred to Committee on Judiciary SJ-19
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
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 27, 2004
H. 4802
S. Printed 4/27/04--H.
Read the first time February 19, 2004.
TO AMEND SECTION 56-1-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A PERMANENTLY REVOKED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE HAS BEEN REVOKED PERMANENTLY MAY PETITION THE CIRCUIT COURT FOR REINSTATEMENT OF HIS DRIVER'S LICENSE IN THE COUNTY IN WHICH HIS MOST RECENT CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE OCCURRED IF THE CONVICTION OCCURRED IN THIS STATE OR IN HIS COUNTY OF RESIDENCE IF THE CONVICTION OCCURRED IN ANOTHER STATE, TO PROVIDE THAT THIS PROCEEDING MUST INCLUDE THE SOLICITOR AND THE DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES, OR THEIR DESIGNEES, TO PROVIDE THAT THE COURT MAY NOT ORDER THE REINSTATEMENT OF A PERSON'S DRIVER'S LICENSE IF THE PERSON HAS CHARGES PENDING AGAINST HIM AND HAS NOT COMPLETED SUCCESSFULLY AN ALCOHOL OR DRUG ASSESSMENT AND TREATMENT PROGRAM SINCE HIS MOST RECENT ALCOHOL OR DRUG OFFENSE; TO AMEND SECTION 56-1-465, RELATING TO NOTIFICATION OF SUSPENSION OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FORM OF THE NOTIFICATION SHALL BE THE SAME AS CONTAINED IN SECTION 56-1-360 INSTEAD OF THE NOTIFICATION REQUIRED WHEN A LICENSE IS SUSPENDED DUE TO A LOSS OF POINTS; TO AMEND SECTION 56-1-510, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE AND THE FRAUDULENT APPLICATION FOR A DRIVER'S LICENSE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD; TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION OF A DRIVER'S LICENSE, SALE OR ISSUANCE OF A FICTITIOUS DRIVER'S LICENSE, OR USE OF ANOTHER PERSON'S DRIVER'S LICENSE, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD; TO AMEND SECTION 56-1-810, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE DUE TO THE ACCUMULATION OF SUFFICIENT POINTS TO WARRANT THE SUSPENSION OF THE LICENSE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF MOTOR VEHICLES TO NOTIFY THE LICENSEE, RETURN RECEIPT REQUESTED, AND TO PROVIDE THAT NOTIFICATION OF THE SUSPENSION MUST BE DONE AS CONTAINED IN SECTION 56-1-360; TO AMEND SECTION 56-1-1100, AS AMENDED, RELATING TO PUNISHMENT FOR A PERSON WHO IS FOUND TO BE A HABITUAL OFFENDER AND WHO SUBSEQUENTLY IS CONVICTED OF OPERATING A MOTOR VEHICLE WHILE THE DECISION OF THE DEPARTMENT OF MOTOR VEHICLES PROHIBITING THE OPERATION OF A MOTOR VEHICLE IS IN EFFECT, SO AS TO PROVIDE THAT THE COURT AND NO LONGER THE DEPARTMENT SHALL NOTIFY THE SOLICITOR OR THE ATTORNEY GENERAL WHEN A PERSON IS FOUND TO BE A HABITUAL OFFENDER; AND TO REPEAL SECTION 56-1-475, RELATING TO PERMITTING A DRIVER TO OPERATE A MOTOR VEHICLE IN THIS STATE WITH A VALID OUT-OF-STATE LICENSE AFTER THE EXPIRATION OF THE PERIOD OF TIME FOR WHICH HIS SOUTH CAROLINA DRIVER'S LICENSE WAS SUSPENDED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-385(A) of the 1976 Code, as added by Act 258 of 1998, is amended to read:
"(A) Notwithstanding any other provision of law, a person whose driver's license or privilege to operate a motor vehicle has been revoked permanently pursuant to Section 56-5-2990, excluding persons convicted of felony driving under the influence of alcohol or another controlled substance under Section 56-5-2945, may petition the circuit court in the county of his residence in which the most recent driving under the influence of alcohol or another substance occurred if the conviction occurred in this State, or in the county of residence if the most recent driving under the influence of alcohol or another substance conviction occurred in another state for reinstatement of his driver's license and shall the person must serve a copy copies of the petition upon the solicitor of the circuit and upon the Director of the Department of Motor Vehicles. The solicitor and the Director of the Department of Motor Vehicles, or his designee their designees within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or the Director of the Department of Motor Vehicles, or his designee their designees does do not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee the Director of the Department of Motor Vehicles or their designees when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:
(1) the person must not have been convicted of or have charges pending in this State or any other another state of an alcohol or drug violation during the previous seven-year period;
(2) the person must not have been convicted of or have charges pending in this State or another state for a violation of driving while his license is canceled, suspended, or revoked during the previous seven-year period;
(3) the person must have completed successfully, since the most recent alcohol or drug offense, an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and
(4) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle."
SECTION 2. Section 56-1-465 of the 1976 Code is amended to read:
"Section 56-1-465. The licensee shall be notified of suspension under Section 56-1-460 the same as is required when the license is suspended due to loss of points as provided in Section 56-1-810 in Section 56-1-360."
SECTION 3. Section 56-1-510(1) of the 1976 Code is amended to read:
"(1) to display or cause or permit to be displayed or have in his possession any canceled, revoked, suspended, counterfeit, or fraudulently altered driver's license or personal identification card;"
SECTION 4. Section 56-1-515 of the 1976 Code is amended to read:
"Section 56-1-515. (1) It is unlawful for any person to alter a motor vehicle driver's license so as to provide false information on the license or to sell or issue a fictitious driver's license.
(2) It is unlawful for any person to use a motor vehicle driver's license not issued to the person, an altered motor vehicle driver's license, an identification card containing false information, or an identification card not issued to the person to defraud another or violate the law.
(3) Any A person violating the provisions of subsection (1) is guilty of a misdemeanor and upon conviction must be fined not more than two thousand five hundred dollars or imprisoned for not more than six months, or both.
(4) It is unlawful for a person to produce a counterfeit motor vehicle driver's license or identification card, or for a person to have in his possession a counterfeit driver's license or identification card.
(4)(5) Any A person violating the provisions of subsection (2) is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or imprisoned for not more than thirty days."
SECTION 5. Section 56-1-810 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-810. Upon the determination by the department that a person has accumulated sufficient points to warrant the suspension of his license, the department shall notify such licensee in writing, as contained in Section 56-1-360, return receipt requested, that his license has been suspended, and such licensee shall return his license to the department within the time required by Section 56-1-350 and subject to the penalties thereof for failing to do so."
SECTION 6. Section 56-1-1100 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-1100. A person found to be a habitual offender under the provisions of this article, who subsequently is convicted of operating a motor vehicle in this State while the decision of the department prohibiting the operation is in effect, is guilty of a felony and must be imprisoned not more than five years.
For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the department court, before hearing the charges, shall determine whether the person has been adjudged a habitual offender and is barred from operating a motor vehicle on the highways of this State. If the person is found to be a habitual offender, the department court shall notify the solicitor or Attorney General and he shall cause the appropriate criminal charges to be lodged against the offender."
SECTION 7. Section 56-1-475 of the 1976 Code is repealed.
SECTION 8. This act takes effect upon approval by the Governor.
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