Current StatusView additional legislative information at the LPITS web site.Bill Number: 3028 Ratification Number: 743 Act Number 602 Introducing Body: House Subject: Relating to the revocation of the driver's license of an habitual offender
(A602, R743, H3028)
AN ACT TO AMEND SECTION 56-1-1030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OF THE DRIVER'S LICENSE OF AN HABITUAL OFFENDER, SO AS TO PROVIDE FOR APPEALS OF A REVOCATION TO THE MAGISTRATE'S COURT; TO AMEND SECTION 56-1-1090, AS AMENDED, RELATING TO THE NONISSUANCE OF A LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO CHANGE THE REFERENCE TO COURT TO MAGISTRATE AND TO PROVIDE THAT A PETITION OR COURT ORDER IS NOT REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-745 SO AS TO PROVIDE FOR THE DRIVER'S LICENSE SUSPENSION AND OTHER PUNISHMENT OF A PERSON CONVICTED OF A CONTROLLED SUBSTANCE VIOLATION AND FOR A SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO A PERSON WHO HAD A SOUTH CAROLINA DRIVER'S LICENSE AT THE TIME OF THE OFFENSE REFERENCED IN THE SECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-746 AND 56-1-747 SO AS TO PROVIDE FOR THE DRIVER'S LICENSE SUSPENSION AND OTHER PUNISHMENT FOR OFFENSES RELATING TO POSSESSION, SALE, AND CONSUMPTION OF BEER, WINE, AND ALCOHOLIC LIQUORS.
Be it enacted by the General Assembly of the State of South Carolina:
Revocation of driver's license of an habitual offender
SECTION 1. Section 56-1-1030 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Section 56-1-1030. When any person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b), or (c), the department must review its records for that person. If the department's review of its records shows that the person is an habitual offender as defined in Section 56-1-1020, the department must institute agency proceedings in accordance with the Administrative Procedures Act to revoke or suspend the person's driver's license except that appeals under this section must be made to the appropriate magistrate's court as set forth below. If after appropriate proceedings, the department finds the person to be an habitual offender, the department shall direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department. A resident of South Carolina found to be an habitual offender may appeal to the chief magistrate in the county in which the appellant resides. A nonresident person found to be an habitual offender may appeal to the chief magistrate of Richland County. In any appeal, the magistrate shall hear and determine the matter de novo."
Court reference changed to magistrate, restoration of driving privileges
SECTION 2. Section 56-1-1090 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Section 56-1-1090. No license to operate motor vehicles in this State may 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 a final decision by the department that a person is an habitual offender and if, upon appeal, the finding is sustained by a magistrate unless the period is reduced to two years as permitted in item (c);
(b) until the time financial responsibility requirements are met;
(c) until, upon petition and for good cause shown, the department may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the department 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 one year has expired from the date of the decision of the department finding the person to be an habitual offender. At this time and after hearing, the department may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the department. If the two-year period is not granted, no petition may be filed again until after five years have expired from the date of the decision of the department. However, a petition or court order is not required for the restoration of driving privileges and the issuance of a license after the five-year waiting period has expired and all financial responsibilities have been fulfilled."
Driver's license suspension for conviction of a controlled substance violation
SECTION 3. The 1976 Code is amended by adding:
"Section 56-1-745. (A) The driver's license of a person convicted of a controlled substance violation under Chapter 53 of Title 44 involving hashish or marijuana, committed while the person was at least thirteen years of age and under eighteen years of age, must be suspended for a period of six months. The driver's license of a person convicted of any other controlled substance violation, committed while the person was at least thirteen years of age and under eighteen years of age, must be suspended for a period of one year. If the person does not have a driver's license, the court shall order the department not to issue a driver's license for six months after the person legally is eligible for the issuance of a driver's license if the offense involves hashish or marijuana. If the offense involves any other controlled substance, the court shall order the department not to issue a driver's license for one year after the person legally is eligible for the issuance of a driver's license. For each subsequent conviction under this section, the court shall order the driver's license to be suspended for an additional six months or one year, as the case may be. The additional period of suspension for a subsequent offense runs consecutively and does not commence until the expiration of the suspension for the prior offense.
(B) Notwithstanding the provisions of Section 56-1-460, any person convicted under this section shall be punished pursuant to Section 56-1-440 and is not required to furnish proof of financial responsibility as provided for in Section 56-9-500. The conviction shall not result in any insurance penalty under the Merit Rating Plan promulgated by the Chief Insurance Commissioner.
(C) (1) If an individual is employed at the time his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed, that he lives further than one mile from his place of employment, that there is no adequate public transportation between his residence and his place of employment, and that his job does not require him to drive.
(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as the times during which the individual may operate a motor vehicle. A change in the employment hours, place of employment, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment or residence, is ten dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."
Application of provisional driver's license provisions
SECTION 4. Section 56-1-1320 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Section 56-1-1320. A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics, and whose license is not presently suspended for any other reason, may apply to the Motor Vehicle Division of the department to obtain a provisional driver's license of a design to be determined by the department to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 must be made by the Director of the Motor Vehicle Division of the department or his designee."
Driver's license suspension for offenses relating to possession, sale, and consumption of beer, wine, and alcoholic liquors
SECTION 5. Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-746. (A) The department shall suspend the driver's license of any person convicted of the offenses contained in Sections 56-1-510(2), 56-1-510(4), 56-1-515, 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 as follows:
(1) for a conviction for a first offense, for a period of ninety days;
(2) for a conviction for a second or subsequent offense, for a period of six months.
(B) For the purposes of determining prior offenses, a conviction of any of the offenses enumerated in subsection (A) within ten years of the date of the violation is considered a prior offense.
(C) Notwithstanding the provisions of Section 56-1-460, any person convicted under this section shall be punished pursuant to Section 56-1-440 and is not required to furnish proof of financial responsibility as provided for in Section 56-9-500. The conviction shall not result in any insurance penalty under the Merit Rating Plan promulgated by the Chief Insurance Commissioner.
(D) (1) If an individual is employed at the time his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed, that he lives further than one mile from his place of employment, that there is no adequate public transportation between his residence and his place of employment, and that his job does not require him to drive.
(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as the times during which the individual may operate a motor vehicle. A change in the employment hours, place of employment, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment or residence, is ten dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.
Section 56-1-747. For purposes of Section 56-1-746 a conviction is defined as provided in Section 56-1-710."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 24th day of June, 1990.