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TO AMEND SECTION 56-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH DRIVING WITHOUT A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO DRIVES A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE AND WHOSE OPERATION OF THE VEHICLE IS THE PROXIMATE CAUSE OF AN ACCIDENT THAT RESULTS IN THE DEATH OF ANOTHER PERSON IS GUILTY OF A FELONY AND, UPON CONVICTION, MUST BE IMPRISONED FOR NOT MORE THAN TEN YEARS.
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) 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 dollars nor more than one 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.
(B) 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 and whose operation of the vehicle is the proximate cause of an accident that results in the death of another person is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years.
(C) However, a 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. This act takes effect upon approval by the Governor.
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