Bill 2590

                    Current Status

Bill Number:               2590
Ratification Number:       633
Act Number:                516
Introducing Body:          House
Subject:                   To amend provisions of the law relating to 
                           habitual offenders

(A516, R633, H2590)

AN ACT TO AMEND SECTION 56-1-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HABITUAL OFFENDERS, SO AS TO EXCLUDE A CONVICTION FOR DRIVING UNDER SUSPENSION FOR FAILURE TO FILE PROOF OF FINANCIAL RESPONSIBILITY FROM THE LIST OF THOSE OFFENSES WHICH CONSTITUTE CONVICTIONS FOR PURPOSES OF THE HABITUAL OFFENDERS LAW AND TO AMEND SECTION 56-1-1090, RELATING TO THE PROHIBITION AGAINST HABITUAL OFFENDERS BEING ISSUED A LICENSE TO OPERATE MOTOR VEHICLES FOR A PERIOD OF FIVE YEARS FROM THE DATE THEY ARE FOUND TO BE HABITUAL OFFENDERS, SO AS TO PERMIT THIS PERIOD TO BE REDUCED TO TWO YEARS UNDER CERTAIN CONDITIONS.

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

Conviction excluded

SECTION 1. Subitem (4) of item (a) of Section 56-1-1020 of the 1976 Code is amended to read:

"(4) Driving a motor vehicle while his license, permit, or privilege to drive a motor vehicle has been suspended or revoked, except a conviction for driving under suspension for failure to file proof of financial responsibility;".

Habitual offenders not to be issued license under certain conditions

SECTION 2. Section 56-1-1090 of the 1976 Code is amended to read:

"Section 56-1-1090. No license to operate motor vehicles in this State shall be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:

(a) For a period of five years from the date of the order of the court finding the person to be an habitual offender unless the period is reduced to two years as permitted in item (c);

(b) Until such time as financial responsibility requirements are met;

(c) Until upon petition, and for good cause shown, the court may restore to the person the privilege to operate a motor vehicle in this State upon such terms and conditions as the court may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after a period of one year has expired from the date of the order finding the person to be an habitual offender. At this time and after hearing, the court in its discretion may reduce the fiveyear period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it shall run from the date of the original order. If the two-year period is not granted, no petition may be again filed until after a period of five years has expired from the date of the original order."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.