South Carolina General Assembly
114th Session, 2001-2002

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Bill 4030

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


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COMMITTEE REPORT

May 1, 2002

    H. 4030

Introduced by Reps. Easterday and McLeod

S. Printed 5/1/02--S.

Read the first time February 6, 2002.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (H. 4030) to amend Section 56-1-460, as amended, Code of Laws of South Carolina, 1976, relating to penalties for driving while one's license is suspended, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass:

C. BRADLEY HUTTO for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

    Enactment of this bill will not have a fiscal impact on the General Fund of the State or on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

    The counties have indicated passage of this bill will have a minimal fiscal impact on their county, which can be absorbed within existing resources.

   

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE ONE'S LICENSE IS SUSPENDED SO AS TO PROVIDE THE MAGISTRATE'S COURT HAS CONCURRENT, NOT EXCLUSIVE, JURISDICTION TO HEAR THE OFFENSE OF DRIVING WHILE ONE'S LICENSE IS SUSPENDED FOR REASONS OTHER THAN FOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

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

SECTION    1.    Section 56-1-460(A)(1) of the 1976 Code, as last amended by Act 376 of 2000, is further amended to read:

    "(A)(1)    Except as provided in subitem (2), 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, upon conviction, be punished as follows:

            (a)    for a first offense, fined two hundred dollars or imprisoned for thirty days, or both;

            (b)    for a second offense, fined five hundred dollars or imprisoned for sixty consecutive days, or both; and

            (c)    for a third and subsequent offense, imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge.

    Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this subitem must may be tried exclusively in magistrate's court."

SECTION    2.    This act takes effect upon approval by the Governor.

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