South Carolina General Assembly
117th Session, 2007-2008

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A176, R186, H3572

STATUS INFORMATION

General Bill
Sponsors: Reps. Hagood, Rutherford, Bales, Barfield, Branham, G. Brown, Cato, Ceips, Chalk, Coleman, Edge, Gullick, Hardwick, Hayes, Jefferson, Jennings, Limehouse, Littlejohn, Mack, McLeod, Ott, Pinson, Sandifer, Scott, W.D. Smith, Spires, Talley, White, Hart, Whipper and Cotty
Document Path: l:\council\bills\ms\7144ahb07.doc

Introduced in the House on February 22, 2007
Introduced in the Senate on May 3, 2007
Last Amended on January 29, 2008
Passed by the General Assembly on January 30, 2008
Governor's Action: February 4, 2008, Signed

Summary: Traffic Diversion Program Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/22/2007  House   Introduced and read first time HJ-2
   2/22/2007  House   Referred to Committee on Judiciary HJ-3
   4/18/2007  House   Committee report: Favorable with amendment Judiciary 
                        HJ-23
   4/24/2007  House   Member(s) request name added as sponsor: Hart
   4/24/2007  House   Requests for debate-Rep(s). Walker, Kirsh, Anthony, 
                        Davenport, Mahaffey, Hamilton, Leach, DC Smith, 
                        Bedingfield, GR Smith, Scarborough, Scott, Hagood, 
                        Mulvaney, Hardwick, Brantley, and Frye HJ-104
   4/25/2007  House   Member(s) request name added as sponsor: Whipper, Cotty
    5/2/2007  House   Amended HJ-45
    5/2/2007  House   Read second time HJ-58
    5/2/2007  House   Roll call Yeas-93  Nays-14 HJ-58
    5/3/2007  House   Read third time and sent to Senate HJ-161
    5/3/2007  Senate  Introduced and read first time SJ-10
    5/3/2007  Senate  Referred to Committee on Judiciary SJ-10
    5/7/2007  Senate  Referred to Subcommittee: Hawkins (ch), Sheheen, Lourie, 
                        Vaughn
   5/30/2007  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-11
    6/6/2007  Senate  Committee Amendment Adopted SJ-69
    6/6/2007  Senate  Read second time SJ-69
   1/22/2008  Senate  Read third time and returned to House with amendments 
                        SJ-6
   1/24/2008  House   Debate adjourned on Senate amendments until Tuesday, 
                        January 29, 2008 HJ-25
   1/29/2008  House   Senate amendment amended HJ-29
   1/29/2008  House   Returned to Senate with amendments HJ-29
   1/30/2008  Senate  Concurred in House amendment and enrolled SJ-20
   1/31/2008          Ratified R 186
    2/4/2008          Signed By Governor
   2/11/2008          Copies available
   2/11/2008          Effective date See Act for Effective Date
   2/11/2008          Act No. 176

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/22/2007
4/18/2007
5/2/2007
5/30/2007
6/6/2007
1/29/2008


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

(A176, R186, H3572)

AN ACT TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE "TRAFFIC EDUCATION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF FOUR POINTS OR LESS, TO PROVIDE THAT THE SOLICITOR IS AUTHORIZED TO CONTRACT FOR SERVICES WITH THE APPROPRIATE MUNICIPALITY OR COUNTY, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A TRAFFIC EDUCATION PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.

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

Designation of Article 1

SECTION    1.    Sections 17-22-10 through 17-22-170 of the 1976 Code are designated as Article 1 of Chapter 22, Title 17.

Traffic Education Program established

SECTION    2.    Chapter 22, Title 17 of the 1976 Code is amended by adding:

"Article 3

Traffic Education Program

Section 17-22-300.    This article may be cited as the 'Traffic Education Program Act'.

Section 17-22-310.    (A)    Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish a traffic education program in the respective circuits for persons who commit traffic-related offenses that are punishable only by a fine and loss of four points or less. A person may not participate in a traffic education program if the person's traffic-related offense resulted in death or serious bodily injury to another person.

(B)    The circuit solicitors are specifically endowed with and retain all discretionary powers pursuant to the common law.

(C)    A traffic education program must be under the direct supervision and control of the circuit solicitor; however, the solicitor may contract for services with a county or municipality in the circuit.

(D)    The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the traffic education programs.

(E)    A traffic education program must include both a community service and an educational component.

Section 17-22-320.    (A)    A person may be considered for a traffic education program if he has no points on his driving record. A person may not participate in a traffic education program more than once.

(B)    A person's participation in a traffic education program does not prevent his participation in a pretrial intervention program pursuant to the provisions and conditions of Article 1.

Section 17-22-330.    (A)    When a person successfully completes a traffic education program, the governmental agency administering the program shall effect a noncriminal disposition, as defined in this chapter, of the traffic-related offense, and there must be no record maintained of the traffic-related offense except by the appropriate traffic education program in order to ensure that a person does not benefit from the provisions of this article more than once.

(B)    If applicable, the person may apply to the court for an order to destroy all official records relating to his arrest.

(C)    If a person violates the conditions of a traffic education program, then the person may be terminated from the program and the traffic-related offense reinstated by the governmental agency administering the program in the appropriate municipality or county.

(D)    If a person receives a subsequent traffic violation during the six months following the issuance of the ticket for which he has entered the traffic education program, he must be terminated from the program and the traffic-related offense must be reinstated by the governmental agency administering the program in the appropriate municipality or county.

Section 17-22-340.    Each circuit solicitor may establish an Office of Traffic Education Program Coordinator whose responsibility is to assist in the establishment and maintenance of the traffic education program.

Section 17-22-350.    (A)    A person shall pay a nonrefundable one hundred forty-dollar fee to apply for a traffic education program that cannot be reduced or suspended. Additionally, a person shall pay a nonrefundable fee, not to exceed one hundred forty dollars, to participate in a traffic education program. Participation in a traffic education program may not be denied due to a person's inability to pay. If a person is deemed unable to pay, both the application fee and the participation fee must be waived.

(B)    For offenses that would have been otherwise tried in magistrates court, the governmental agency administering the program shall retain the participation fee to support the traffic education program. The application fees must be remitted to the county treasurer. The county treasurer shall remit 9.17 percent of the revenue from the application fees to the county to be used for the purposes set forth in Section 14-1-207(D) and remit the balance of the revenue from the application fees to the Office of the State Treasurer on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer shall deposit the amounts received as follows:

(1)    23.62 percent to the Department of Probation, Parole and Pardon Services;

(2)    15.12 percent to the South Carolina Criminal Justice Academy;

(3)    .44 percent to the Department of Public Safety's South Carolina Law Enforcement Officers Hall of Fame;

(4)    13.73 percent to the State Office of Victim Assistance;

(5)    6.01 percent to the General Fund;

(6)    10.97 percent to the Commission on Indigent Defense;

(7)    1.34 percent to the Attorney General's Office;

(8)    .90 percent to the Department of Juvenile Justice Arbitration Program;

(9)    .81 percent to the Department of Juvenile Justice Marine Institutes;

(10)    .90 percent to the Department of Juvenile Justice Regional Status Offender Program;

(11)    3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center;

(12)    6.74 percent to the Circuit Solicitors;

(13)    2.68 percent to the State Law Enforcement Division;

(14)    2.68 percent to the Department of Corrections;

(15)    .67 percent to the Judicial Department;

(16)    .28 percent to the Department of Natural Resources; and

(17)    .02 percent to the Forestry Commission.

(C)    For offenses that would have been otherwise tried in municipal court, the governmental agency administering the program shall retain the participation fees to support the traffic education program. The application fees must be remitted to the city treasurer. The city treasurer shall remit 9.17 percent of the revenue from the application fees to the municipality to be used for the purposes set forth in Section 14-1-208(D) and remit the balance of the revenues from the application fees to the Office of the State Treasurer on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer must deposit the amounts received as follows:

(1)    10.25 percent to the Department of Probation, Parole and Pardon Services;

(2)    10.13 percent to the South Carolina Criminal Justice Academy;

(3)    .26 percent to the Department of Public Safety's South Carolina Law Enforcement Officer's Hall of Fame;

(4)    7.57 percent to the State Office of Victim Assistance;

(5)    2.77 percent to the General Fund;

(6)    11.02 percent to the Commission on Indigent Defense;

(7)    1.07 percent to the Attorney General's Office;

(8)    .65 percent to the Department of Mental Health;

(9)    7.64 percent for the programs established pursuant to Section 56-5-2953(E);

(10)    9.93 percent to the Governor's Task Force on Litter;

(11)    9.93 percent to the Department of Juvenile Justice;

(12)    .90 percent to the Department of Juvenile Justice Arbitration Program;

(13)    .81 percent to the Department of Juvenile Justice Marine Institutes;

(14)    .90 percent to the Department of Juvenile Justice Regional Status Offender Program;

(15)    3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center;

(16)    6.74 percent to the Circuit Solicitors;

(17)    2.68 percent to the State Law Enforcement Division;

(18)    2.68 percent to the Department of Corrections;

(19)    .67 percent to the Judicial Department;

(20)    .28 percent to the Department of Natural Resources; and

(21)    .02 percent to the Forestry Commission.

Section 17-22-360.    Each governmental agency that administers a traffic education program shall submit a traffic education program annual report, by the first day of August, to the Commission on Prosecution Coordination providing the total number of participants by original traffic-related offenses, the total number of participants that successfully completed the traffic education program, the total amount of fees collected, and the total revenue remitted to the municipalities, counties, and Office of the State Treasurer for the state's fiscal year. The Commission on Prosecution Coordination may establish additional guidelines for the annual reports. The annual reports must be made available for public inspection.

Section 17-22-370.    Each governmental agency that administers a traffic education program shall submit to the Commission on Prosecution Coordination necessary identifying information on each participant for the creation and maintenance of a list of participants in traffic education programs. This list is to be used by the commission for the sole purpose of complying with Section 17-22-320(A). The information collected by the commission only may be released to a governmental agency administering the program for the purpose of determining eligibility for a traffic education program."

Severability Clause

SECTION    3.    If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Code Commissioner authorization

SECTION    4.    The Code Commissioner is authorized to change references in Article 1, Chapter 22, Title 17, as provided in SECTION 1, from "chapter" to "article" as appropriate.

Time effective

SECTION    5.    This act takes effect ninety days after approval by the Governor. All circuit solicitors shall have a traffic education program in effect by July 1, 2009, and no person has the right to apply to the program until the program is established.

Ratified the 31st day of January, 2008.

Approved the 4th day of February, 2008.

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This web page was last updated on Monday, October 10, 2011 at 1:34 P.M.