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S. 238
STATUS INFORMATION
General Bill
Sponsors: Senator Ryberg
Document Path: l:\council\bills\swb\6214cm05.doc
Introduced in the Senate on January 12, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Driver's license reinstatement provisions revised
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/12/2005 Senate Introduced and read first time SJ-24
1/12/2005 Senate Referred to Committee on Judiciary SJ-24
2/4/2005 Senate Referred to Subcommittee: Hawkins (ch), Cromer, Sheheen,
Lourie
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VERSIONS OF THIS BILL
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 REVISE THE LOCATIONS OF A HEARING IN WHICH A PERSON SEEKS TO HAVE HIS DRIVER'S LICENSE REINSTATED MAY BE HEARD, TO REVISE THE LIST OF OFFICIALS WHO MAY DEMAND A HEARING AND MUST BE SERVED A COPY OF A PETITION DEMANDING A HEARING, TO REVISE THE SOURCES OF INFORMATION SUBMITTED TO THE COURT THAT IT MAY CONSIDER WHEN DETERMINING WHETHER A DRIVER'S LICENSE SHOULD BE REINSTATED, AND TO REVISE THE CONDITIONS UPON WHICH THE COURT MAY ORDER THE REINSTATEMENT OF A DRIVER'S LICENSE.
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any other another provision of law, a person whose driver's license or privilege to operate a motor vehicle has been revoked permanently pursuant to Section 56-5-2990, excluding persons convicted of felony driving under the influence of alcohol or another controlled substance under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 controlled substance conviction occurred if that conviction occurred in the State, or in the county of residence if the most recent driving under the influence of alcohol or another controlled substance occurred in another state for reinstatement of his driver's license. and shall The person must serve a copy of the petition upon the solicitor of the circuit and 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 does their designees do not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or the Director of the Department of Motor Vehicles, or his designee 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 a charge 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 his 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. This act takes effect upon approval by the Governor.
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