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TO AMEND SECTION 56-1-1100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ASSOCIATED WITH A CONVICTION FOR BEING ADJUDICATED AS A HABITUAL OFFENDER, SO AS TO DELETE THE TERM "DEPARTMENT" AND REPLACE IT WITH THE TERM "COURT" FOR PURPOSES OF PROVIDING CERTAIN NOTIFICATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 an 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, before hearing the charges, shall determine whether the person has been adjudged an habitual offender and is barred from operating a motor vehicle on the highways of this State. If the person is found to be an 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 2. This act takes effect upon approval by the Governor.
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