South Carolina General Assembly
116th Session, 2005-2006

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H. 4330

STATUS INFORMATION

General Bill
Sponsors: Reps. Talley, M.A. Pitts, Lucas, Littlejohn, Altman, Mahaffey and Toole
Document Path: l:\council\bills\swb\6613cm06.doc

Introduced in the House on January 10, 2006
Currently residing in the House Committee on Judiciary

Summary: Driving offenses

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/7/2005  House   Prefiled
   12/7/2005  House   Referred to Committee on Judiciary
   1/10/2006  House   Introduced and read first time HJ-33
   1/10/2006  House   Referred to Committee on Judiciary HJ-34

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/7/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 56-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE, SO AS TO INCREASE THE FINE FOR A FIRST OFFENSE; TO AMEND SECTION 56-1-460, AS AMENDED, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITH A CANCELLED, SUSPENDED, OR REVOKED DRIVER'S LICENSE, SO AS TO INCREASE THE FINE FOR A FIRST AND SECOND OFFENSE; TO AMEND SECTION 56-1-720, RELATING TO THE POINT SYSTEM ESTABLISHED FOR THE EVALUATION OF THE OPERATING RECORD OF A LICENSED DRIVER TO DETERMINE WHETHER THE DRIVER IS QUALIFIED TO RETAIN A DRIVER'S LICENSE, SO AS TO REVISE THE OFFENSE OF DRIVING TOO FAST FOR CONDITIONS, OR SPEEDING BY CREATING ADDITIONAL VIOLATIONS AND POINTS RELATING TO THIS OFFENSE; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO THE OFFENSE OF FAILURE TO STOP A MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO INCREASE THE PENALTIES FOR THIS OFFENSE; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO THE MAXIMUM SPEED LIMITS ALLOWED ON THE STATE'S HIGHWAYS, SO AS TO INCREASE THE PENALTIES FOR VIOLATING THE SPEED LIMITS ESTABLISHED BY THIS SECTION; TO AMEND SECTION 56-5-1535, AS AMENDED, RELATING TO SPEEDING IN HIGHWAY WORK ZONES, SO AS TO REVISE THE PENALTIES FOR A VIOLATION OF THIS OFFENSE, AND TO REVISE THE CONTENTS OF THE SIGN THAT IS POSTED AT THE BEGINNING OF AN ACTIVE HIGHWAY WORK ZONE THAT INDICATES THE PENALTIES FOR VIOLATING A PROVISION CONTAINED IN THIS SECTION; AND TO AMEND SECTION 56-5-2920, RELATING TO THE OFFENSE OF RECKLESS DRIVING, SO AS TO INCREASE THE PENALTIES FOR A VIOLATION OF THIS OFFENSE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 56-1-440 of the 1976 Code, as last amended by Act 90 of 2001, is further amended to read:

"Section 56-1-440.    A person who drives a motor vehicle on a public highway of this State without a driver's license in violation of Section 56-1-20 is guilty of a misdemeanor and, upon conviction of a first offense, must be fined not less than fifty two hundred dollars nor more than one four hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined five hundred dollars or imprisoned for forty-five days, or both, and for a third and subsequent offense must be imprisoned for not less than forty-five days nor more than six months. However, a charge of driving a motor vehicle without a driver's license must be dismissed if the person provides proof of being a licensed driver at the time of the violation to the court on or before the date this matter is set to be disposed of by the court."

SECTION    2.    Section 56-1-460(A)(1) of the 1976 Code, as last amended by Act 176 of 2004, is further amended to read:

"(1)    Except as provided in subitem (2), a person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, be punished as follows:

(a)    for a first offense, fined three four hundred dollars or imprisoned for thirty days, or both;

(b)    for a second offense, fined six eight hundred dollars or imprisoned for sixty consecutive days, or both; and

(c)    for a third and subsequent offense, imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge.

Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this subitem may be tried in magistrate's court."

SECTION    3.    Section 56-1-720 of the 1976 Code is amended to read:

"Section 56-1-720.    There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:

VIOLATION                                                                POINTS

Reckless driving                                                             6

Passing stopped school bus                                             6

Hit-and-run, property damages only                                 6

Driving too fast for conditions, or speeding:

(1)    No Not more than 10 m.p.h. above the

posted limits                                                             2

(2)    More than 10 m.p.h. but less not more than

2515 m.p.h. above the posted limits                        4 3

(3)    more than 15 m.p.h. but not more than 20

m.p.h. above the posted limits                                4

(4)    more than 20 m.p.h. but less than 25

m.p.h. above the posted limits                                5

(3)(5)    25 m.p.h. or above the posted limits                6

Disobedience of any official traffic control

device                                                                                 4

Disobedience to officer directing traffic                         4

Failing to yield right of way                                             4

Driving on wrong side of road                                         4

Passing unlawfully                                                         4

Turning unlawfully                                                         4

Driving through or within safety zone                             4

Failing to give signal or giving improper

signal for stopping, turning, or suddenly

decreased speed                                                                 4

Shifting lanes without safety precaution                         2

Improper dangerous parking                                             2

Following too closely                                                     4

Failing to dim lights                                                         2

Operating with improper lights                                         2

Operating with improper brakes                                     4

Operating a vehicle in unsafe condition                         2

Driving in improper lane                                                 2

Improper backing                                                             2"

SECTION    4.    Section 56-5-750(B) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(B)    A person who violates the provisions of subsection (A):

(1)    for a first offense where no great bodily injury or death resulted from the violation, is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand five hundred dollars or imprisoned for not less than ninety days one year nor more than three years. The department must suspend the person's driver's license for at least thirty days; or

(2)    for a second or subsequent offense where no great bodily injury or death resulted from the violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years. The person's driver's license must be suspended by the department for a period of one year two years from the date of the conviction."

SECTION    5.    Section 56-5-1520(G) of the 1976 Code, as last amended by Act 17 of 1999, is further amended to read:

"(G)    A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:

(1)    in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen thirty dollars nor more than twenty-five fifty dollars;

(2)    in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five fifty dollars nor more than fifty seventy-five dollars, or imprisoned for not more than ten days;

(3)    in excess of fifteen miles an hour but less not more than twenty-five twenty miles an hour above the posted limit by a fine of not less than fifty seventy-five dollars nor more than seventy-five one hundred dollars ,or imprisoned for not more than fifteen days; and

(4)    in excess of twenty-five twenty miles an hour but not more than twenty-four miles an hour above the posted limit by a fine of not less than seventy-five one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty twenty days.;and

(5)    in excess of twenty-four miles an hour above the posted limit by a fine of not less than two hundred dollars nor more than three hundred dollars, or imprisoned for not more than thirty days."

SECTION    6.    Section 56-5-1535 of the 1976 Code, as last amended by Act 17 of 1999, is further amended to read:

"Section 56-5-1535.    (A)    It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and posted by signs. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than seventy-five nor more than two hundred dollars or imprisoned not more than thirty days, or both. punished for driving:

(1)    in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than seventy-five dollars not more than one hundred dollars, or imprisoned for not more than ten days;

(2)    in excess of ten miles an hour to fifteen miles an hour above the posted limit by a fine of not less than one hundred dollars nor more than one hundred fifty dollars, or imprisoned for not more than fifteen days;

(3)    in excess of fifteen miles an hour to twenty miles an hour above the posted limit by a fine of not less than one hundred fifty dollars not more than two hundred dollars, or imprisoned for not more than twenty days;

(4)    in excess of twenty miles an hour to twenty four miles an hour above the posted limit by a fine of not less than two hundred dollars nor more than three hundred dollars, or imprisoned for not more than twenty-five days; or

(5)    in excess of twenty-four miles an hour above the posted limit by a fine of not less than three hundred dollars nor more than five hundred dollars, or imprisoned for not more than thirty days.

(B)    A 'highway work zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway and the last sign that informs motorists of the end of the work zone.

(C)    The penalty imposed by this section applies only:

(1)    if a sign is posted at the beginning of the active work zone that states 'WORK ZONE $200 MAXIMUM $500 FINE AND 30 DAYS IMPRISONMENT FOR SPEEDING';

(2)    to the area between the posted sign and the 'END CONSTRUCTION' sign. Signs may be posted at the discretion of the Department of Transportation in the highway work zones designed to comply with work zone traffic control standards contained in the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration."

SECTION    7.    Section 56-5-2920 of the 1976 Code is amended to read:

"Section 56-5-2920.    Any person who drives any vehicle in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property is guilty of reckless driving. The Department department, upon receiving satisfactory evidence of the conviction, of the entry of a plea of guilty or the forfeiture of bail of any person charged with a second and subsequent offense for the violation of this section shall forthwith suspend the driver's license of any such person for a period of three months. Only those offenses which occurred within a period of five years including and immediately preceding the date of the last offense shall constitute prior offenses within the meaning of this section. Any person violating the provisions of this section shall, upon conviction, entry of a plea of guilty or forfeiture of bail, be punished by a fine of not less than twenty-five two hundred dollars nor more than two five hundred dollars, or by imprisonment for not more than thirty days."

SECTION    8.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    9.    This act takes effect upon approval by the Governor.

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