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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 30, 2008
S. 617
S. Printed 4/30/08--S.
Read the first time March 28, 2007.
To whom was referred a Bill (S. 617) to amend Chapter 1, Title 56 of the 1976 Code, relating to driver's licenses, by adding Section 56-1-186, to provide that a person who operates, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as "Tyler's Law".
SECTION 2. Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-187. A parent or guardian who knowingly and willfully permits his dependant to operate a motor vehicle in violation of a restriction imposed on a beginner's permit pursuant to Section 56-1-50, a conditional driver's license pursuant to Section 56-1-175, or a special restricted driver's license pursuant to Section 56-1-180, or knowingly permits his dependant to operate a motor vehicle without a valid beginner's permit or driver's license, must be assessed a civil fine in an amount up to five hundred dollars. If, while operating the motor vehicle in violation of a restriction, the dependant causes great bodily injury or death, the parent or guardian must be assessed a civil fine in an amount up to one thousand dollars. The court may suspend the imposition of the fine, conditioned upon the parent or guardian completing, to the satisfaction of the court, public service with a non-profit organization, community service, or parenting classes. This section does not apply to a motor vehicle operated on private property."
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to conform.
C. BRADLEY HUTTO for Committee.
EXPLANATION OF IMPACT:
The Department of Motor Vehicles anticipates costs of approximately $5,775 in programming and information technology to meet the requirements of the proposed legislation.
LOCAL GOVERNMENT IMPACT:
Four of the six respondents anticipated either no impact or minimal impact upon enactment. Two anticipated additional expenditures associated with monitoring compliance with completing public service requirements.
Approved By:
Harry Bell
Office of State Budget
TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, RELATING TO DRIVER'S LICENSES, BY ADDING SECTION 56-1-186, TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE IN VIOLATION OF RESTRICTIONS IMPOSED ON A DRIVER'S LICENSE ISSUED PURSUANT TO SECTIONS 56-1-50, 56-1-175, OR 56-1-180 IS GUILTY OF A MISDEMEANOR AND MUST BE FINED NOT MORE THAN THREE HUNDRED DOLLARS OR IMPRISONED FOR NOT MORE THAN THIRTY DAYS, THE COURT MAY SUSPEND ALL OR PART OF THE SENTENCE CONDITIONED UPON THE OFFENDER COMPLETING, TO THE SATISFACTION OF THE COURT, COMMUNITY SERVICE, PUBLIC SERVICE, OR A SAFE DRIVING COURSE, TO PROVIDE ENHANCED PENALTIES IF GREAT BODILY INJURY RESULTED FROM AN ACCIDENT THAT OCCURRED IN CONJUNCTION WITH A VIOLATION OF THE RESTRICTIONS; AND TO ADD SECTION 56-1-187, TO PROVIDE THAT A PARENT OR GUARDIAN MAY NOT KNOWINGLY PERMIT HIS DEPENDENT TO OPERATE A MOTOR VEHICLE IN VIOLATION OF HIS DEPENDENT'S DRIVER'S LICENSE RESTRICTIONS OR TO KNOWINGLY PERMIT HIS DEPENDENT TO OPERATE A MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, AND TO PROVIDE PENALTIES FOR A VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as 'Tyler's Law'.
SECTION 2. Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-186. (A) Any person who operates a motor vehicle in any manner in violation of the restrictions imposed on a driver's license issued to him pursuant to Sections 56-1-50, 56-1-175, or 56-1-180 is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned for not more than thirty days. The court may suspend the imposition or execution of all or part of the sentence, conditioned upon the offender completing, to the satisfaction of the court, public service with a non-profit organization, community service, or a safe driving course.
(B) Any person who operates a motor vehicle in any manner in violation of the restrictions imposed on a driver's license issued to the person pursuant to Sections 56-1-50, 56-1-175, or 56-1-180 and is involved in an accident in which he is at fault and great bodily injury or death results, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both. The court may order the offender's license suspended for any period, but not to exceed the offender's eighteenth birthday. The order of suspension must be transmitted to the department within ten days."
SECTION 3. Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-187. A parent or guardian may not knowingly permit his dependent licensed to operate a motor vehicle pursuant to Sections 56-1-50, 56-1-175, and 56-1-180 to violate any of the restrictions on his dependent's driver's license or to knowingly permit his dependent to operate a motor vehicle without a valid driver's license. A person violating this section is guilty of a misdemeanor and, upon conviction, may be fined not more than three hundred dollars, or not more than five hundred dollars if the dependent caused great bodily injury or death. The court may suspend the imposition of the fine, conditioned upon the offender completing, to the satisfaction of the court, public service with a non-profit organization, community service, or parenting classes."
SECTION 4. This act takes effect upon approval by the Governor.
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