Bill 87

                    Current Status

Bill Number:                       87
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19970114
Primary Sponsor:                   Holland 
All Sponsors:                      Holland 
Drafted Document Number:           s-jud\holland\jud9002.dhh
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           DUS, third offense, sentence of
                                   ninety days to six months house
                                   arrest; Motor vehicles, drivers
                                   licenses, transportation

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19970212  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19970211  Read third time, sent to House
Senate  19970206  Read second time
Senate  19970130  Committee report: Favorable              11 SJ
Senate  19970114  Introduced, read first time,             11 SJ
                  referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

January 30, 1997

S. 87

S. Printed 1/30/97--S.

Read the first time January 14, 1997.

To whom was referred a Bill (S. 87), to amend Section 56-1-460, Code of Laws of South Carolina, 1976, relating to penalties for driving, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

ADDISON G. WILSON, for Committee.

A BILL

TO AMEND SECTION 56-1-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO EXPAND THE POSSIBLE PENALTY FOR A THIRD AND SUBSEQUENT OFFENSE TO INCLUDE A SENTENCE OF NINETY DAYS TO SIX MONTHS HOUSE ARREST, WHEN THE SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990, RELATING TO SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE.

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

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

"Section 56-1-460. Any person who drives a motor vehicle on any a public highway of this State when his license to drive is canceled, suspended, or revoked is guilty of a misdemeanor and must, upon conviction, must be:

(1) for a first offense, fined two hundred dollars or imprisoned for thirty days for the first violation,;

(2) for the a second violation offense, fined five hundred dollars and imprisoned for sixty consecutive days,; and

(3) for the a third and subsequent violation offense, imprisoned or sentenced to a period of house arrest 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, upon receiving a record of the conviction of any a person under violating 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 shall again shall suspend the license of the person for an additional like period of time. If the period of 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 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 before his license being is reinstated. If the conviction was upon a charge person was convicted of driving while a his 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 offenses which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations offenses within the meaning of this section.

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 2. This act takes effect upon approval by the Governor.