S*1008(Rat #0407, Act #0376 of 2000)  General Bill, By Holland and Hutto
 A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELED,
 SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE
 JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE
 CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE
 INFLUENCE OF ALCOHOL OR DRUGS AND TO INCREASE PENALTIES; TO AMEND SECTION
 22-3-545, AS AMENDED, RELATING TO THE TRANSFER OF CERTAIN CASES FROM GENERAL
 SESSIONS COURT, SO AS TO PROVIDE THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE
 RETAINS SUPERVISION OVER THE TRANSFERRED CASES; AND TO ADD SECTION 24-3-965,
 SO AS TO PROVIDE THE OFFENSES OF PROVIDING CONTRABAND, OTHER THAN WEAPONS OR
 ILLEGAL DRUGS, TO PRISONERS AND OF POSSESSION OF CONTRABAND, OTHER THAN
 WEAPONS OR ILLEGAL DRUGS, BY PRISONERS MUST BE TRIED EXCLUSIVELY IN THE
 MAGISTRATE'S COURT.-AMENDED TITLE

   01/11/00  Senate Introduced and read first time SJ-57
   01/11/00  Senate Referred to Committee on Judiciary SJ-57
   02/02/00  Senate Committee report: Favorable Judiciary SJ-10
   02/03/00  Senate Read second time SJ-25
   02/09/00  Senate Read third time and sent to House SJ-35
   02/10/00  House  Introduced and read first time HJ-7
   02/10/00  House  Referred to Committee on Judiciary HJ-7
   03/01/00  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   03/07/00  House  Recommitted to Committee on Judiciary HJ-27
   05/25/00  House  Committee report: Favorable with amendment
                     Judiciary HJ-1
   05/31/00  House  Amended HJ-14
   05/31/00  House  Read second time HJ-17
   06/01/00  House  Read third time and returned to Senate with
                     amendments HJ-21
   06/01/00  Senate House amendment amended SJ-80
   06/01/00  Senate Returned to House with amendments SJ-80
   06/01/00  House  Concurred in Senate amendment and enrolled HJ-70
   06/08/00         Ratified R 407
   06/14/00         Signed By Governor
   07/07/00         Effective date 06/14/00
   07/07/00         Copies available
   07/07/00         Act No. 376

AN ACT TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND TO INCREASE PENALTIES; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT, SO AS TO PROVIDE THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE RETAINS SUPERVISION OVER THE TRANSFERRED CASES; AND TO ADD SECTION 24-3-965, SO AS TO PROVIDE THE OFFENSES OF PROVIDING CONTRABAND, OTHER THAN WEAPONS OR ILLEGAL DRUGS, TO PRISONERS AND OF POSSESSION OF CONTRABAND, OTHER THAN WEAPONS OR ILLEGAL DRUGS, BY PRISONERS MUST BE TRIED EXCLUSIVELY IN THE MAGISTRATE'S COURT.

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

Increased penalties; jurisdiction in magistrate's court; exception

SECTION 1. Section 56-1-460 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-1-460. (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 be tried exclusively in magistrate's court.

(2) A person who drives a motor vehicle on any public highway of this State when his license has been suspended or revoked pursuant to the provisions of Section 56-5-2990 must, upon conviction, be punished as follows:

(a) for a first offense, imprisoned for not less than ten nor more than thirty days;

(b) for a second offense, imprisoned for not less than sixty days nor more than six months;

(c) for a third and subsequent offense, imprisoned for not less than six months nor more than three years.

No portion of the minimum sentence imposed under this subitem may be suspended.

(B) The department 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 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, 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 his license being reinstated. If the conviction was for 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."

Chief judge retains administrative supervision

SECTION 2. Section 22-3-545(C) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"(C) All cases transferred to the magistrate's or municipal court must be prosecuted by the solicitor's office. The chief judge for administrative purposes for the court of general sessions shall retain administrative supervision of cases transferred pursuant to this section. The chief magistrate of the county or the chief municipal judge of the municipality upon petition of the solicitor, and approval of the chief judge for administrative purposes for the court of general sessions, shall set the terms of court and order the magistrates and municipal judges to hold terms of court on specific times and dates for the disposition of these cases."

Jurisdiction in magistrate's court; exception

SECTION 3. Article 9, Chapter 3, Title 24 of the 1976 Code is amended by adding:

"Section 24-3-965. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, 24-3-950, and 24-7-155, the offenses of furnishing contraband, other than weapons or illegal drugs, to a prisoner under the jurisdiction of the Department of Corrections or to a prisoner in a county jail, municipal jail, prison, work camp, or overnight lockup facility, and the possession of contraband, other than weapons or illegal drugs, by a prisoner under the jurisdiction of the Department of Corrections or by a prisoner in any county jail, municipal jail, prison, work camp, or overnight lockup facility must be tried exclusively in magistrate's court."

Time effective

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

Ratified the 8th day of June, 2000.

Approved the 14th day of June, 2000.