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SECTION . Section 56-1-420 of the 1976 Code is amended to read:

"Section 56-1-420. If any court restrains or enjoins the Department of Public Safety department from enforcing the suspension or revocation of any license and the suspension or revocation is finally determined to have been properly put into effect by the Department of Public Safety department, the time during which the revocation or suspension was made ineffective by the judicial order shall not be considered part of the time during which the suspension or revocation was in effect. It is the purpose of this section to insure that the license shall be suspended or revoked for the full term of such suspension or revocation, if proper in the first place."

SECTION . Section 56-1-460 of the 1976 Code is amended to read:

"Section 56-1-460. 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 fined two hundred dollars or imprisoned for thirty days for the first violation, for the second violation fined five hundred dollars and imprisoned for sixty consecutive days, and for the third and subsequent violation imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge. The Department of Public Safety 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 of Public Safety 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, then the additional period of

If the license of the person convicted was suspended pursuant to the provisions of Section 56-5-2990, then he must be punished as follows and no part of the minimum sentence may be suspended:

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

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

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

SECTION . Section 56-1-463 of the 1976 Code is amended to read:

"Section 56-1-463. Section 56-1-460 specifically does not apply if and when the proposed suspension is based solely on lack of notice being given to the Department of Public Safety department when the person has in fact paid any fines or penalties due to the court."

SECTION . Section 56-1-475 of the 1976 Code is amended to read:

"Section 56-1-475. Notwithstanding the provisions of Section 56-1-400 of the 1976 Code, a person whose driver's license has been suspended by the Department of Public Safety department who has moved his residence to another state and has obtained a valid driver's license in such state may lawfully operate a motor vehicle within this State after the expiration of the period of time for which his South Carolina driver's license was suspended."

SECTION . Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-478. The department may enter into reciprocal agreements with other states and political subdivisions for the collection of fines, fees, or other costs which resulted in the revocation of a person's driving privileges of a person applying for a driver's license or renewing a driver's license in this State."

SECTION . Section 56-1-510(4) of the 1976 Code is amended to read:

SECTION . Section 56-1-540 of the 1976 Code is amended to read:

"Section 56-1-540. The department shall:

(1) File every application for a license received by it and shall maintain suitable indexes containing, in alphabetical order:

(a) all applications denied and on each thereof note of the reasons for such denial;

(b) all applications granted; and

(c) the name of every licensee whose license has been canceled, suspended or revoked by the Department of Public Safety department and after each such name a note of the reasons for such action; and

(2) The Department of Public Safety department shall file all accident reports and abstracts of court records of convictions received by it under the laws of this State and, in connection therewith, maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which he has been involved shall be readily ascertainable and available for the consideration of the department upon application for renewal of license and at other suitable times."

SECTION . Section 56-1-630(4) of the 1976 Code is amended to read:

"(4) `Licensing authority' for purposes of South Carolina shall mean the Department of Public Safety department."

SECTION . Section 56-1-640 of the 1976 Code is amended to read:

"Section 56-1-640. The licensing authority of a party state department shall report each conviction of a person from another party state occurring within its jurisdiction South Carolina to the licensing authority of the home state of the licensee. The report shall clearly identify the person convicted, describe the violation specifying the section of the statute or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security, and include any special findings."

SECTION . Section 56-1-650 of the 1976 Code is amended to read:

"Section 56-1-650. (A) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported pursuant to Article 2, Chapter 1, Title 56, as it would if the conduct had occurred in the home state, in the case of convictions for A state that is

(1) manslaughter or homicide resulting from the operation of a motor vehicle as provided by Sections 56-1-280 and 56-5-2910;

(2) driving a motor vehicle while under the influence of alcoholic beverages or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle, as provided by Section 56-5-2930;

(3) any felony in the commission of which a motor vehicle is used, as provided by Section 56-1-280;

(4) failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another, as provided by Section 56-5-1210.

(B) As to other convictions, reported pursuant to Article 2, Chapter 1, Title 56, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state. If the laws of a member state do not describe the violations listed in subsection (A) in precisely the words used in that subsection, the member state shall construe the descriptions to apply to offenses of the member state that are substantially similar to the ones described. A state that is a member of the Drivers License Compact shall report to another member state of the compact a conviction for any other offense or any other information concerning convictions that the member states agree to report.

(C) If the laws of a party state do not provide for offenses described in precisely the words employed in subsection (A) of this section, the party state shall construe the descriptions appearing in subsection (A) of the section as being applicable to those offenses of a substantially similar nature and the laws of the party state shall contain such provisions that are necessary to ensure that full force and effect is given to this article. For a conviction required to be reported under subsection (A), a member state shall give the same effect to the report as if the conviction had occurred in that state. For a conviction that is not required to be reported under subsection (A), the provisions of Section 56-1-320 shall govern the effect of the reported conviction in this State. For a conviction that is not required to be reported under subsection (A), notice of the conviction must be received by the department for purposes of suspension or revocation within one year of the date of conviction."

SECTION . Section 56-1-670 of the 1976 Code is amended to read:

"Section 56-1-670. Except as expressly required by provisions of the compact, nothing herein affects the right of any party state the department to apply any of its South Carolina's other laws relating to licenses to drive

SECTION . Section 56-1-680 of the 1976 Code is amended to read:

"Section 56-1-680. (A) The head of the licensing authority of each party state director or his designee of the department is the administrator of this compact for his state South Carolina. The administrators, acting jointly, have the power to formulate all necessary procedures for the exchange of information under this compact.

(B) The administrator of each party state department shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact."

SECTION . Section 56-1-740 of the 1976 Code is amended to read:

"Section 56-1-740. The Department of Public Safety department may suspend, for not more than six months, the driver's license and privilege of a person upon a showing by its records, based on a uniform point system as authorized in this article, that the licensee has been convicted with such frequency of offenses against motor vehicle traffic laws or ordinances as to indicate a disrespect for the laws or ordinances and a disregard for the safety of other persons on the highways. For the purposes of this article, a total of twelve points assessed against a driver as determined by the values designated in Section 56-1-720 indicates disrespect and disregard. The privilege of driving a motor vehicle on the highways of this State, given to a nonresident under the laws of this State, is subject to suspension by the Department of Public Safety department in like manner, and for like cause, the same as a driver's license issued by this State may be suspended.

Periods of suspension of the license or privilege of a person for various accumulation of points must be as follows, with the person having the privilege to request a review of his driving record:

(1) twelve to fifteen points three months' suspension;

(2) sixteen or seventeen points four months' suspension;

(3) eighteen or nineteen points five months' suspension;

(4) twenty points and over six months' suspension."

SECTION . Section 56-1-746(A) of the 1976 Code is amended to read:

"(A) The Department of Public Safety department shall suspend the driver's license of any person convicted of the offenses contained in Sections 56-1-510(2), 56-1-510(4)(5), 56-1-515, 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 as follows:

(2) for a conviction for a second or subsequent offense, for a period of six months."

SECTION . Section 56-1-770 of the 1976 Code is amended to read:

"Section 56-1-770. Any driver who has accumulated points under the provisions of this article shall have the number of his points reduced by four upon proving to the satisfaction of the Department of Public Safety department that he has completed the National Safety Council's `Defensive Driving Course' or its equivalent, if the course is completed after the points have been assessed. The course must be taught by an instructor accredited by the National Safety Council whose procedures for accreditation are set forth in `Manual of Rules and Procedures' published by the National Safety Council or equivalent accreditation procedures. The Department of Public Safety department shall establish procedures by which driver training schools may apply to the Department of Public Safety department for approval of a defensive driving course which will qualify those successfully completing the course for a reduction in points pursuant to this section. The Department of Public Safety department shall approve the National Safety Council's `Defensive Driving Course' or its equivalent when offered by driver training schools and taught by an instructor accredited by the National Safety Council or equivalent accreditation procedures. No person's points may be reduced more than one time in any three-year period by the method provided for in this section."

SECTION . Section 56-1-790 of the 1976 Code is amended to read:

"Section 56-1-790. The Department of Public Safety department may enter into a reciprocal agreement with the proper agency of any other state for the purpose of reporting convictions in one state by a person holding a driver's license in the other state. Such convictions in another state of a violation therein which, if committed in this State, would be a violation of the traffic laws of this State, may be recorded against a driver the same as if the conviction had been made in the courts of this State.

Guilty pleas, failure to respond to charges or convictions by courts-martial or post or base commanders of any of the various branches of the Armed Forces of the United States or by a United States Commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the laws of this State, may, in the discretion of the Department of Public Safety department, be recorded against a driver the same as if the plea of guilty, forfeiture of bond or conviction had been made in the courts of this State."

SECTION . Sections 56-1-800 of the 1976 Code is amended to read:

SECTION . Section 56-1-810 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-810. Upon the determination by the Department of Public Safety department that a person has accumulated sufficient points to warrant the suspension of his license, the Department of Public Safety department shall notify such licensee in writing, return receipt requested, that his license has been suspended, and such licensee shall return his license to the Department of Public Safety or the Department of Revenue and Taxation department within the time required by Section 56-1-350 and subject to the penalties thereof for failing to do so."

SECTION . Section 56-1-820 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-820. The licensee may, within ten days after notice of suspension, request in writing a review an administrative hearing, and upon receipt of the request the Department of Public Safety department shall afford him a review hearing in accordance with the State Administrative Procedures Act."

SECTION . Section 56-1-850 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-850. Nothing contained in this article shall affect the action of the Department of Public Safety department in suspending, revoking or canceling any driver's license when such action is mandatory under the provisions of any law of this State."

SECTION . Section 56-1-1020 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-1020. An habitual offender shall mean any person whose record as maintained by the Department of Public Safety department shows that he has accumulated the convictions for separate and distinct offenses described in subsections (a), (b) and (c) committed during a three-year period; provided, that where more than one included offense

(a) Three or more convictions, singularly or in combination of any of the following separate and distinct offenses arising out of separate acts:

(1) Voluntary manslaughter, involuntary manslaughter or reckless homicide resulting from the operation of a motor vehicle;

(2) Operating or attempting to operate a motor vehicle while under the influence of intoxicating liquor, narcotics or drugs;

(3) Driving or operating a motor vehicle in a reckless manner;

(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;

(5) Any offense punishable as a felony under the motor vehicle laws of this State or any felony in the commission of which a motor vehicle is used;

(6) Failure of the driver of a motor vehicle involved in any accident resulting in the death or injury of any person to stop close to the scene of such accident and report his identity;

(b) Ten or more convictions of separate and distinct offenses involving moving violations singularly or in combination, in the operation of a motor vehicle, which are required to be reported to the Department of Public Safety department for which four or more points are assigned pursuant to Section 56-1-720 or which are enumerated in subsection (a) of this section.

(c) The offenses included in subsections (a) and (b) shall be deemed to include offenses under any federal law, any law of another state or any municipal or county ordinance of another state substantially conforming to the above provisions.

(d)(1) For the purposes of this article, the term `conviction' shall mean a final conviction, forfeiture of bail or a plea of guilty or nolo contendere.

(2)(d) For purposes of determining the number of convictions for separate and distinct offenses committed during any three year period, a person shall be deemed to be convicted of an offense on the date the offense was committed if he is subsequently convicted of committing such offense as `conviction' is defined in item (1) of this subsection.

The provisions of this article shall not apply to convictions which occurred prior to June 14, 1973."

SECTION . Section 56-1-1030 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

If after appropriate proceedings, the Department of Public Safety department finds the person to be an habitual offender, the Department of Public Safety department shall direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the Department of Public Safety or the department. A resident of South Carolina found to be an habitual offender may appeal to the chief magistrate in the county in which the appellant resides. A nonresident person found to be an habitual offender may appeal to the chief magistrate of Richland County. In any appeal, the magistrate shall hear and determine the matter de novo."

SECTION . Section 56-1-1090 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-1090. No license to operate motor vehicles in this State may be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:

(a) for a period of five years from the date of a final decision by the Department of Public Safety department that a person is an habitual offender and if, upon appeal, the finding is sustained by a magistrate unless the period is reduced to two years as permitted in item (c);

(b) until financial responsibility requirements are met;

(c) until, upon petition and for good cause shown, the Department of Public Safety department may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the Department of Public Safety department may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after one year has expired from the date of the decision of the Department of Public Safety department finding the person to be an habitual offender. At this time and after hearing, the Department of Public Safety department may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the Department of Public Safety department. If the two-year period is not granted, no

SECTION . Section 56-1-1100 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 56-1-1100. It is unlawful for a person to operate a motor vehicle in this State while the decision of the Department of Public Safety prohibiting the operation remains in effect. A person found to be an habitual offender under the provisions of this article, who subsequently is convicted of operating a motor vehicle in this State while the decision of the Department of Public Safety department prohibiting the operation is in effect, is guilty of a felony and must be imprisoned not more than five years.

For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the Department of Public Safety department, before hearing the charges, shall determine whether the person has been adjudged an habitual offender and is barred from operating a motor vehicle on the highways of this State. If the person is found to be an habitual offender, the Department of Public Safety department shall notify the solicitor or Attorney General and he shall cause the appropriate criminal charges to be lodged against the offender."

SECTION . Section 56-1-1130 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-1130. Commencing January 1, 1974 the department of Public Safety The department shall send a written notice to any person who it determines is in danger of becoming an habitual offender."

SECTION . Section 56-1-1320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-1320. A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics, and whose license is not presently suspended for any other reason, may apply to the motor vehicle division of the department to obtain a provisional driver's license of a

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