H 4706 General Bill, By Fleming, Altman, Campsen, Cobb-Hunter and Jennings
 A BILL TO AMEND SECTION 56-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO AN APPEAL OF CERTAIN MOTOR VEHICLE OFFENSES THAT ACTS AS A
 SUPERSEDEAS, SO AS TO REVISE THE PERIOD WITHIN WHICH IMPOSITION OF THE PENALTY
 IS PRECLUDED.

   02/25/98  House  Introduced and read first time HJ-43
   02/25/98  House  Referred to Committee on Judiciary HJ-43
   03/25/98  House  Committee report: Favorable Judiciary HJ-17
   03/26/98  House  Amended HJ-29
   03/26/98  House  Read second time HJ-30
   03/26/98  House  Unanimous consent for third reading on next
                     legislative day HJ-30
   03/27/98  House  Read third time and sent to Senate HJ-3
   03/31/98  Senate Introduced and read first time SJ-13
   03/31/98  Senate Referred to Committee on Judiciary SJ-13

AMENDED

March 26, 1998

H. 4706

Introduced by Reps. Fleming, Campsen, Altman, Jennings and Cobb-Hunter

S. Printed 3/26/98--H.

Read the first time February 25, 1998.

A BILL

TO AMEND SECTION 56-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPEAL OF CERTAIN MOTOR VEHICLE OFFENSES THAT ACTS AS A SUPERSEDEAS, SO AS TO REVISE THE PERIOD WITHIN WHICH IMPOSITION OF THE PENALTY IS PRECLUDED.

Amend Title To Conform

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

SECTION 1. Section 56-1-430 of the 1976 Code is amended to read:

"Section 56-1-430. Upon conviction of an offense making mandatory the suspension or revocation of the driver's license of the convicted person so convicted, an appeal taken from such the conviction shall act acts as a supersedeas so as to preclude for a period of sixty days from the date of conviction to the date a final judgment is entered, any such the suspension or revocation. Pursuant to Section 56-1-365, the clerk of court of the court hearing the appeal must notify the Department of Public Safety of the final disposition of the appeal within ten days of receiving notice of it to allow the conviction to be removed from the driver's record or to allow the suspension to become effective."

SECTION 2. The fifth paragraph of Section 56-1-365 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act as a supersedeas as provided in Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate which entitles him to operate a motor vehicle for a period of sixty days after the verdict or plea until the department is notified that the conviction has been affirmed or overturned by appeal. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day period stay of suspension, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle. The clerk of court for the court hearing the appeal must notify the department of the final disposition of the appeal within ten days of receiving notice of it to allow the conviction to be removed from the driver's record or to allow the suspension to become effective."

SECTION 3. All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.

SECTION 4. This act takes effect upon approval by the Governor.