Current Status Introducing Body:House Bill Number:3036 Primary Sponsor:Kirsh Committee Number:25 Type of Legislation:GB Subject:Pretrial intervention program, ineligible persons Residing Body:House Current Committee:Judiciary Computer Document Number:3036 Introduced Date:Jan 08, 1991 Last History Body:House Last History Date:Mar 26, 1991 Last History Type:Recommitted to Committee Scope of Legislation:Statewide All Sponsors:Kirsh Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3036 House Mar 26, 1991 Recommitted to Committee 25
3036 House Mar 19, 1991 Debate adjourned until
Tuesday, March 26
3036 House Mar 06, 1991 Debate adjourned until
Tuesday, March 19
3036 House Mar 05, 1991 Debate adjourned until
Wednesday, March 6
3036 House Feb 19, 1991 Debate adjourned until
Tuesday, March 5
3036 House Feb 13, 1991 Committee Report: Favorable 25
with amendment
3036 House Jan 08, 1991 Introduced and read first 25
time, referred to Committee
3036 House Dec 12, 1990 Prefiled, referred to 25
Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 13, 1991
H. 3036
S. Printed 2/13/91--H.
Read the first time January 8, 1991.
To whom was referred a Bill (H. 3036), to amend Section 17-22-50, Code of Laws of South Carolina, 1976, relating to persons not to be considered for the Pretrail Intervention Program, so as to exclude persons from the program who are charged, 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. Section 56-1-746(D) of the 1976 Code, as added by Act 602 of 1990, is amended to read:
"(D) (1) If an individual is employed or is a commuting full-time student at any institution of higher learning 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 or to and from classes 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 or is a full-time student, that he lives further than one mile from his place of employment or that he commutes further than one mile to the institution of higher learning from his residence, that there is no adequate public transportation between his residence and his place of employment or the institution of higher learning, 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, class schedule, 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, class schedule, 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 2. Section 56-1-746 of the 1976 Code, as added by Act 602 of 1990, is amended by adding an appropriately lettered subsection to read:
"( ) If a person charged with an offense enumerated in subsection (A) of this section is accepted into a pretrial intervention program on the charge, his driver's license must be suspended as provided in this section in the same manner as if he were convicted of the offense. The circuit solicitor shall report to the department the acceptance into a pretrial intervention program of a person charged with one of the enumerated offenses."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
DAVID H. WILKINS, for Committee.
TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO EXCLUDE PERSONS FROM THE PROGRAM WHO ARE CHARGED WITH CERTAIN DRIVER'S LICENSE AND ALCOHOL-RELATED OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-22-50 of the 1976 Code is amended to read:
"Section 17-22-50. A person may must not be considered for intervention if he previously has previously been accepted into an intervention program nor may and intervention must not be considered for those individuals a person charged with burglary, arson, kidnapping, blackmail, driving under the influence of intoxicating liquor or drugs, any a traffic-related offense which is punishable only by fine or loss of points, an offense enumerated in Section 56-1-746(A), or any a fish, game, wildlife, or commercial fishery-related offense which is punishable by a fine or loss of points, or a violent crime as defined in Section 16-1-60 any crime of violence including, but not limited to murder, voluntary manslaughter, assault and battery with intent to kill, criminal sexual assault, or armed robbery. This section does not apply if the solicitor determines the elements of the crime do not fit the charge."
SECTION 2. The amendment to Section 17-22-50 contained in Section 1 of this act applies only to persons arrested or charged on or after the effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor.