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Indicates New Matter
Sponsors: Rep. Walker
Document Path: l:\council\bills\swb\5404cm08.doc
Introduced in the House on January 23, 2008
Currently residing in the House Committee on Judiciary
Summary: Driver's license reinstated
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/23/2008 House Introduced and read first time HJ-18 1/23/2008 House Referred to Committee on Judiciary HJ-18
View the latest legislative information at the LPITS web site
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 LOCATION OF THE CIRCUIT COURT IN WHICH A PERSON MAY PETITION THE COURT TO HAVE HIS DRIVER'S LICENSE REINSTATED, TO REQUIRE THE PERSON TO SERVE A COPY OF THE PETITION UPON THE DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES WHO MAY RESPOND TO THE PETITION AND DEMAND A HEARING ON THE MERITS OF THE PETITION, TO PROVIDE THAT THE COURT MAY NOT ORDER THE REINSTATEMENT OF THE PERSON'S DRIVER'S LICENSE IF HE HAS CHARGES PENDING AGAINST HIM, OR HAS NOT COMPLETED SUCCESSFULLY SINCE HIS MOST RECENT ALCOHOL OR DRUG OFFENSE, AN ALCOHOL OR DRUG ASSESSMENT AND TREATMENT PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-385 of the 1976 Code is amended to read:
"Section 56-1-385. (A) Notwithstanding any other provision of law, a person whose driver's license or privilege to operate a motor vehicle has been revoked permanently pursuant to Section 56-5-2990, excluding persons convicted of felony driving under the influence of alcohol or another controlled substance under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: (1) in the county
of his residence in which the most recent driving under the influence conviction occurred if that conviction occurred in this state, or (2) in the county of residence if the most recent driving under the influence conviction 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 a copy upon the director of the Department of Motor Vehicles. The solicitor or his designee and the director of the Department of Motor Vehicles, or their designee, within thirty days, may respond to the petition and demand a hearing on the merits of the petition. If the solicitor, and the director of the Department of Motor Vehicles, or their designees do or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee the director of the Department of Motor Vehicles, or their designees, when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner.
(B) 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 charges 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 the 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.
(B)(C)(1) A person may not seek reinstatement of his driver's license pursuant to this section if the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.
(2) Nothing in this section may be construed to prohibit a person whose license has been revoked pursuant to Section 56-5-2930 before the effective date of this section from seeking reinstatement of his license pursuant to the provisions in this section.
(C)(D) If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of driving under the influence of alcohol or another controlled substance or felony driving under the influence of alcohol or another controlled substance will require the cancellation of the person's driver's license and the imposition of the full period of suspension and revocation for a previous violation.
(D)(E) Before a person may have his driver's license reinstated under this section he must:
(1) pay a two hundred dollar filing fee to the court; and
(2) successfully complete the requirements to obtain a driver's license contained in this article."
SECTION 2. This act takes effect upon approval by the Governor.
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