Current Status Bill Number:
1340Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19960404Primary Sponsor: ReeseAll Sponsors: ReeseDrafted Document Number: dka\3600cm.96Residing Body: SenateCurrent Committee: Transportation Committee 15 STSubject: Drivers license suspension, insurance rate when damage
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19960404 Introduced, read first time, 15 ST referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE A PERSON'S LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE THAT WHEN A PERSON'S DRIVER'S LICENSE IS SUSPENDED, CANCELED, OR REVOKED FOR AN INFRACTION IN WHICH NO PROPERTY DAMAGE OCCURS AND NO DRIVING POINTS ARE ASSESSED, THEN THE DRIVER'S MOTOR VEHICLE INSURANCE CARRIER SHALL NOT CHARGE MORE THAN THE BASE RATE FOR THIS VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-460 of the 1976 Code, as last amended by Act 181 of 1993, if further amended to read:
"Section 56-1-460. (A) A person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must be, upon conviction, be fined two hundred dollars or imprisoned for thirty days for the first violation, for the second violation fined five hundred dollars and imprisoned for sixty consecutive days, and for the third and subsequent violation imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge. The Department of Public Safety upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while his license was suspended for a definite period of time shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the Department of Public Safety shall again suspend the license of the person for an additional like period of time. If the suspension is not for a definite period of time, the suspension must be for an additional three months. If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, then the additional period of suspension pursuant to this section is thirty days and the person does not have to offer proof of financial responsibility as required under Section 56-9-500 prior to before his license being is reinstated. If the conviction was upon a charge of driving while a license was revoked, the department shall not issue a new license for an additional period of one year from the date the person could otherwise have applied for a new license. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.
(B) If the license of the person convicted was suspended pursuant to the provisions of Section 56-5-2990, then he must be punished as follows and no part of the minimum sentence may be suspended:
(1) for a first offense, imprisoned for not less than ten nor more than thirty days;
(2) for a second offense, imprisoned for not less than sixty days nor more than six months;
(3) for a third and subsequent offense, not less than six months nor more than three years.
(C) When a person's driver's license is suspended, canceled, or revoked pursuant to an infraction in which no property damage occurred and no driver's license points were assessed against the person's driving record under Section 56-1-720, then the driver's motor vehicle insurance carrier shall not charge an insurance premium more than the base rate contained in Section 38-73-455 for this violation."
SECTION 2. This act takes effect upon approval by the Governor.