S 0569 General Bill, By Thomas
 A BILL TO AMEND SECTION 56-1-464, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE DISMISSAL OF A CHARGE OF DRIVING UNDER SUSPENSION BASED UPON
 AN OUT-OF-STATE VIOLATION, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO
 IN-STATE AND OUT-OF-STATE VIOLATIONS, AND TO PROVIDE THAT FOR A FOURTH AND
 SUBSEQUENT OFFENSES EACH VIOLATION CONSTITUTES A SEPARATE OFFENSE; AND TO
 AMEND SECTION 56-1-1020, RELATING TO AN HABITUAL OFFENDER, SO AS TO PROVIDE
 THAT A CONVICTION FOR DRIVING UNDER SUSPENSION FOR FAILURE TO HAVE PAID A FINE
 WHEN THE VIOLATION WAS NOT BASED UPON A CHARGE OF DRIVING UNDER THE INFLUENCE
 OF ALCOHOL OR DRUGS OR A RECKLESS DRIVING CHARGE IS NOT A CONVICTION THAT
 WOULD RESULT IN A PERSON BEING DETERMINED TO BE AN HABITUAL OFFENDER.

   03/13/07  Senate Introduced and read first time SJ-10
   03/13/07  Senate Referred to Committee on Judiciary SJ-10
   03/19/07  Senate Referred to Subcommittee: Hutto (ch), Jackson,
                     Knotts, Bryant

TO AMEND SECTION 56-1-464, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISMISSAL OF A CHARGE OF DRIVING UNDER SUSPENSION BASED UPON AN OUT-OF-STATE VIOLATION, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO IN-STATE AND OUT-OF-STATE VIOLATIONS, AND TO PROVIDE THAT FOR A FOURTH AND SUBSEQUENT OFFENSES EACH VIOLATION CONSTITUTES A SEPARATE OFFENSE; AND TO AMEND SECTION 56-1-1020, RELATING TO AN HABITUAL OFFENDER, SO AS TO PROVIDE THAT A CONVICTION FOR DRIVING UNDER SUSPENSION FOR FAILURE TO HAVE PAID A FINE WHEN THE VIOLATION WAS NOT BASED UPON A CHARGE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OR A RECKLESS DRIVING CHARGE IS NOT A CONVICTION THAT WOULD RESULT IN A PERSON BEING DETERMINED TO BE AN HABITUAL OFFENDER.

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

SECTION    1.    Section 56-1-464 of the 1976 Code is amended to read:

"Section 56-1-464.    Notwithstanding the provisions of Section 56-1-460, a person who drives a motor vehicle on any public highway of the State when his license is canceled, suspended, or revoked solely based on an out-of-state a motor vehicle violation for which the penalty is a fine and the fine which has not been paid to the out-of-state agency and when the violation is not based upon a charge of driving under the influence of alcohol or drugs or a reckless driving charge may petition the magistrate's magistrates court to dismiss the state's charge of driving under suspension based upon the out-of-state violation if:

(1)    the person presents to the court a satisfactory resolution of the out-of-state violation as exhibited by an official receipt from the out-of-state agency that the fine has been paid; and

(2)    the person pays an assessment to the magistrate's magistrates court for a first offense of five hundred dollars; for a second offense of one thousand dollars; for a third offense of one thousand five hundred dollars; and for a fourth and subsequent offense of two thousand dollars, with each separate violation being a separate offense. This assessment is not subject to an additional assessment under the provisions of Sections Section 14-1-207 or 14-1-208.

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

SECTION    2.    Section 56-1-1020(a)(4) of the 1976 Code is amended to read:

"(4)    Driving a motor vehicle while his license, permit, or privilege to drive a motor vehicle has been suspended or revoked, except a conviction for driving under suspension for failure to file proof of financial responsibility, and except a conviction for driving under suspension for failure to have paid a fine when the violation was not based upon a charge of driving under the influence of alcohol, or drugs, or a reckless driving charge, as contained in Section 56-1-464;"

SECTION    3.    This act takes effect upon approval by the Governor.