Current Status Introducing Body:Senate Bill Number:1096 Ratification Number:397 Act Number:357 Primary Sponsor:Land Type of Legislation:GB Subject:Juvenile cases, drivers license suspension Companion Bill Number:4423 Date Bill Passed both Bodies:19940420 Computer Document Number:DKA/3189AL.94 Governor's Action:S Date of Governor's Action:19940503 Introduced Date:19940127 Last History Body:------ Last History Date:19940503 Last History Type:Act No. 357 Scope of Legislation:Statewide All Sponsors:Land Moore Waldrep Giese Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
1096 ------ 19940503 Act No. 357
1096 ------ 19940503 Signed by Governor
1096 ------ 19940427 Ratified R 397
1096 House 19940420 Read third time, enrolled for
ratification
1096 House 19940419 Read second time
1096 House 19940330 Committee Report: Favorable 25
1096 House 19940216 Introduced, read first time, 25
referred to Committee
1096 Senate 19940215 Read third time, sent to House
1096 Senate 19940210 Read second time
1096 Senate 19940209 Committee Report: Favorable 15
1096 Senate 19940127 Introduced, read first time, 15
referred to Committee
View additional legislative information at the LPITS web site.
(A357, R397, S1096)
AN ACT TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CERTAIN VIOLATIONS BY JUVENILES, SO AS TO REQUIRE THE FAMILY COURTS TO REPORT ALSO VIOLATIONS THAT AFFECT THE JUVENILE'S PRIVILEGE TO DRIVE; TO AMEND SECTION 56-1-745, AS AMENDED, RELATING TO SUSPENSION OF DRIVER'S LICENSES FOR CONTROLLED SUBSTANCE VIOLATIONS, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO DEFINE CONTROLLED SUBSTANCE VIOLATIONS; TO AMEND SECTION 56-1-747, RELATING TO WHAT CONSTITUTES A CONVICTION FOR SUSPENSION PURPOSES, SO AS TO INCLUDE JUVENILE PROCEEDINGS.
Be it enacted by the General Assembly of the State of South Carolina:
Adjudications reported
SECTION 1. Section 20-7-410 of the 1976 Code, as last amended by Section 281, Act 181 of 1993, is further amended to read:
"Section 20-7-410. The magistrate courts and municipal courts of this State have concurrent jurisdiction with the family courts for the trial of persons under seventeen years of age charged with traffic violations or violations of the provisions of Title 50 relating to fish, game, and watercraft when these courts would have jurisdiction of the offense charged if committed by an adult.
The family court shall report to the Department of Public Safety all adjudications of a juvenile for moving traffic violations and other violations that affect the juvenile's privilege to operate a motor vehicle including, but not limited to, controlled substance and alcohol violations as required by other courts of this State pursuant to Section 56-1-330 and shall report to the Department of Natural Resources adjudications of the provisions of Title 50."
Suspensions
SECTION 2. Section 56-1-745(A) of the 1976 Code is amended to read:
"(A) The driver's license of a person convicted of a controlled substance violation involving hashish or marijuana must be suspended for a period of six months. The driver's license of a person convicted of any other controlled substance violation 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."
Definitions
SECTION 3. Section 56-1-745 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding:
"(D) For purposes of this section:
(1) `Controlled substance violation' means a violation of Chapter 53 of Title 44 of the South Carolina Code of Laws; the `Controlled Substance Act' (21 U.S.C. Section 802(6)); or a drug offense committed in another state.
(2) `Drug offense' means the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a substance which is prohibited under the federal Controlled Substance Act."
Juvenile proceedings included
SECTION 4. Section 56-1-747 of the 1976 Code is amended to read:
"Section 56-1-747. For purposes of Section 56-1-746 a conviction is defined as provided in Section 56-1-2030 and includes being adjudicated under juvenile proceedings."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 3rd day of May, 1994.