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H. 3690
STATUS INFORMATION
General Bill
Sponsors: Reps. Harrison and Lourie
Document Path: l:\council\bills\swb\5192cm03.doc
Introduced in the House on February 26, 2003
Currently residing in the House Committee on Judiciary
Summary: DUI, second or subsequent violation; court to immobilize vehicle
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/26/2003 House Introduced and read first time HJ-8 2/26/2003 House Referred to Committee on Judiciary HJ-8
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2931 SO AS TO PROVIDE THAT THE COURT SHALL IMMOBILIZE VEHICLES OWNED BY A PERSON WHO IS CONVICTED FOR A SECOND OR SUBSEQUENT VIOLATION OF THE OFFENSE OF UNLAWFULLY OPERATING A MOTOR VEHICLE WHICH UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR THE UNLAWFUL OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO REVISE THE PENALTY FOR A SECOND OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2931. (A) As contained in this section, 'immobilized' and 'immobilization' means revocation or suspension of the registration of a motor vehicle license plate.
(B) Upon conviction for a second or subsequent violation of Section 56-5-2930, the court shall order the immobilization of all motor vehicles owned by the person as follows:
(1) the vehicle driven at the time of the offense must be immobilized for not less than sixty days and not more than one year; and
(2) all other motor vehicles owned by the person must be immobilized for not less than five days and not more than the period of the person's driver's license suspension.
(C) The court shall ascertain the registration numbers of the vehicles immobilized and notify the Department of Public Safety of the vehicles immobilized, and the period of immobilization. An immobilized motor vehicle must be released to the holder of a bona fide lien on the motor vehicle executed before its immobilization when possession of the motor vehicle is requested, as provided by law, by the lienholder for purposes of foreclosing and satisfying the lien.
(D) An immobilized motor vehicle must be released by the court without legal or physical restraints to a registered owner of the motor vehicle who is not the person convicted of a second or subsequent violation of Section 56-5-2930 if an affidavit is submitted to the court by the person stating that:
(1) he is employed;
(2) the motor vehicle subject to immobilization is necessary to continue that employment;
(3) his employment is necessary for the well-being of his dependent children or parents;
(4) he will not authorize the use of the motor vehicle by a person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930;
(5) he will report immediately to a local law enforcement agency any unauthorized use of the motor vehicle by a person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930; and
(6) failure to release the motor vehicle would cause undue hardship to him.
(E) A registered owner who executes an affidavit pursuant to this section which is acted upon by the court and who fails to immediately report an unauthorized use of the motor vehicle which is the subject of the affidavit is guilty of a misdemeanor and, upon conviction, may not file additional affidavits pursuant to this section."
SECTION 2. Section 56-5-2940(2) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"(2) by a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours five days nor more than one year for the second offense. However, the fine imposed by this item may not be suspended in an amount less than one thousand dollars. In lieu of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than ten days upon terms and conditions the court considers proper."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor.
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