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Indicates Matter Stricken
Indicates New Matter
Sponsors: Rep. Stewart
Document Path: l:\council\bills\swb\5861cm04.doc
Introduced in the House on March 3, 2004
Currently residing in the House Committee on Education and Public Works
Summary: Suspension of commercial driver's license
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/3/2004 House Introduced and read first time HJ-3 3/3/2004 House Referred to Committee on Education and Public Works HJ-3
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2157 SO AS TO PROVIDE THAT A COMMERCIAL DRIVER'S LICENSE MUST BE SUSPENDED IF ITS HOLDER IS ARRESTED FOR OR FOUND GUILTY OF CERTAIN CRIMINAL ACTIVITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 13, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-2157. (A) A person who has been issued a commercial driver's license (CDL) must be immediately suspended from holding the license for the following activity:
(1) an arrest for possession of a stolen vehicle or stolen construction equipment;
(2) an arrest or indictment for any felony while holding a CDL;
(3) transportation of stolen goods while holding a CDL;
(4) an arrest or indictment for conspiracy to traffic in stolen vehicles or parts of vehicles inclusive of chop shop operations while holding a CDL;
(5) breaking and entering a vehicle while holding a CDL;
(6) larceny from a vehicle while holding a CDL; or
(7) use of a vehicle to aid in the commission of a felony while holding a CDL.
(B) If the holder is subsequently found guilty of any activity contained in subsection (A), his CDL must be revoked permanently. If he is found to be not guilty, his CDL must be reissued. The CDL must not be reissued until all charges have been cleared. A plea bargain to a lesser charge shall not negate the suspension and permanent revocation of the CDL, and the suspension and permanent revocation shall remain in effect.
(C) A law enforcement officer, court officer, or Department of Transportation official must confiscate a CDL upon arrest or upon notification of the license being in the possession of a person charged with any activity contained in subsection (A)."
SECTION 2. This act takes effect upon approval by the Governor.
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