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COMMITTEE REPORT
March 24, 2004
H. 3827
Introduced by Reps. Hinson, Keegan, Viers, Merrill, Barfield, Clemmons, Dantzler, Frye, Gilham, Huggins, Koon, Limehouse, Pinson, E.H. Pitts, Richardson, Scarborough, Simrill, Stille, Vaughn and Tripp
S. Printed 3/24/04--H.
Read the first time March 20, 2003.
To whom was referred a Bill (H. 3827) to amend the Code of Laws of South Carolina, 1976, by adding Sections 56-1-146, 56-1-147, and 56-1-148, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-146. A person convicted of or pleading guilty or nolo contendere to a violent crime as defined in Section 16-1-60 on or after January 1, 2005, in this State shall, if applicable, surrender his South Carolina driver's license or special identification card to the court pursuant to Section 56-1-365. The clerk of court within ten days shall transmit the driver's license or special identification card, if applicable, together with notice of the felony and whether or not it is a felony considered to be a violent crime, to the Department of Motor Vehicles. The driver's license or special identification card is considered revoked and the department shall keep a record of the revocation. If the felony which the person was convicted of or pled guilty or nolo contendere to requires the suspension or revocation of his driver's license or special identification card, the driver's license or special identification card must not be returned to the person."
SECTION 2. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-148. (A) In addition to the contents of a driver's license provided for in Section 56-1-140 or a special identification card provided for in Section 56-1-3350, a person who has been convicted of or pled guilty or nolo contendere to a felony considered to be a violent crime as contained in Section 16-1-60 on or after January 1, 2005, must have an identifying code to be determined by the Department of Motor Vehicles affixed to his driver's license or special identification card at the time the person obtains or renews the driver's license or special identification card. The code must identify the person as having been convicted of a felony considered to be a violent crime. The code must be developed by the department and made known to the appropriate law enforcement officers and other judicial officials of this State.
(B) The department shall charge a fee of fifty dollars for affixing the identifying code provided in subsection (A). This fee is in addition to the fee provided for in Section 56-1-140. This fee must be assessed when a person who has been convicted of or pled guilty or nolo contendere to a violent crime as defined in Section 16-1-60 on or after January 1, 2005, obtains or renews his driver's license or special identification card. If the conviction or guilty plea for the crime is overturned on appeal, or if the person is subsequently pardoned for the crime, he may request the department to issue him a new driver's license or special identification card with the identifying code removed, and the department is required to comply with this request without imposing a fee.
(C) The fee collected by the Department of Motor Vehicles pursuant to subsection (B) must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles."
SECTION 3. Section 56-1-80 of the 1976 Code, as last amended by Act 225 of 2000, is further amended to read:
"Section 56-1-80. (A) Every An application for a driver's license or permit must:
(1) be made upon the form furnished by the department;
(2) be accompanied by the proper fee and acceptable proof of date and place of birth;
(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;
(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country;
(5) state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal;
(6) allow an applicant voluntarily to disclose a permanent medical condition which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record;
(7) allow an applicant voluntarily to disclose that he is an organ and tissue donor which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record.;
(8) state whether or not the applicant has ever been convicted of or pled guilty or nolo contendere to a felony considered to be a violent crime as contained in Section 16-1-60 on or after January 1, 2005, and state the crime convicted of or pled guilty or nolo contendere to, and
(9) list the violent crimes contained in Section 16-1-60.
(B) The information contained on a driver's license and in the driver's department records pertaining to a person's permanent medical condition, as provided for in item (A)(6), must be made available, upon request, to law enforcement and emergency medical services and hospital personnel; and the information and records pertaining to a person's organ and tissue donor status, as provided for in item (A)(7), must be made available, upon request, to law enforcement, emergency medical services and hospital personnel, and the South Carolina Donor Referral Network, as provided for in Section 44-43-910.
(C) Whenever an application is received from a person previously licensed or permitted in another state, the Department of Motor Vehicles may request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.
The completed and verified form or an affidavit prepared by the department showing that neither he, nor a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be completed and delivered to the department at the time the license or permit is issued or renewed."
SECTION 4. The first paragraph of Section 56-1-3350 of the 1976 Code, as last amended by Act 227 of 2000, is further amended to read:
"Upon application by any a person ten years of age or older who is a resident of South Carolina, the department shall issue a special identification card as long as:
(1) the application is made on a form approved and furnished by the department; and
(2) the applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the department of his name and date of birth;
(3) the application:
(1) states whether or not the applicant has ever been convicted of or pled guilty or nolo contendere to a felony considered to be a violent crime as defined in Section 16-1-60 on or after January 1, 2005 and the felony convicted of or pled guilty or nolo contendere to; and
(2) Lists the violent crimes contained in Section 16-1-60."
SECTION 5. The requirements of Section 56-1-140 of the 1976 Code, as amended by Section 3 of this act, must be met upon the renewal of the existing driver's licenses or special identification cards of persons convicted of felonies in this State, except as otherwise provided by Section 56-1-146 as contained in Section 1 of this act.
SECTION 6. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 7. This act takes effect January 1, 2005, and applies to all persons convicted of violent crimes pursuant to Section 16-1-60 after January 1, 2005. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
EXPLANATION OF IMPACT:
Department of Motor Vehicles
The department indicates there will be a fiscal impact approximately $184,000 in one-time cost for web services, web browser and electronic file transmission implementation. The one-time cost involves developing and setting up the web and internet-based system for receiving notification from other government entities concerning individuals convicted of a felony considered a violent crime. Section 56-1-148 allows the agency to charge a fee for affixing an identifying code to the individual's driver's license or identification card. General funds may be appropriated for the one-time cost, or such costs could be covered with revenue derived from 56-1-148 or agency other funds.
Department of Corrections
The department indicates there will be no fiscal impact on the General Fund of the State, nor on federal and/or other funds.
Department of Probation, Parole and Pardon Services
The department indicates there will be a minimal fiscal impact on the General Fund of the State, which can be absorbed by the agency at the current level of funding.
SPECIAL NOTES:
The reference to the Department of Public Safety should be stricken from this legislation, as the Department of Motor Vehicles is now an agency and no longer a division within the Department of Public Safety.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-146, 56-1-147, AND 56-1-148 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE NOTIFIED OF PERSONS CONVICTED OF CERTAIN FELONIES AND PERSONS INCARCERATED OR ON PAROLE OR PROBATION FOR CERTAIN FELONIES SO THAT AN IDENTIFYING CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES OR SPECIAL IDENTIFICATION CARDS IN A SPECIFIED MANNER; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT AN APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF CERTAIN FELONIES IN THIS STATE AND, IF SO, THE FELONY; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONIES UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THE STATE; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST REQUEST WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF CERTAIN FELONIES IN THIS STATE; AND TO AMEND SECTION 56-1-3370, RELATING TO THE SIZE, SHAPE, AND DESIGN OF A SPECIAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT A SPECIAL IDENTIFICATION CARD MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONIES UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-146. A person pleading guilty or nolo contendere to a violent crime as defined in Section 16-1-60, a registered sex offender, or a sexually violent predator in this State shall surrender his South Carolina driver's license or special identification card to the court pursuant to Section 56-1-365. The clerk of court within ten days shall transmit the license, together with notice of the felony and whether or not it is a felony considered to be a violent crime, to the Department of Public Safety. The department shall affix the license or special identification card with the identifying code required by Section 56-1-140 and return it to the person. If the felony which the person was convicted of or pled guilty to requires the suspension or revocation of his driver's license, the driver's license must not be returned to the person."
SECTION 2. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-147. (A) The Department of Corrections shall notify the Department of Public Safety within six months after the effective date of this section of inmates within the custody of the Department of Corrections who have been convicted of a felony considered to be a violent crime. The Department of Public Safety shall affix the identifying code required by Section 56-1-140 at the next renewal of that person's South Carolina driver's license or special identification card.
(B) The Department of Probation, Parole, and Pardon Services shall notify the Department of Public Safety within six months after the effective date of this section of persons within its jurisdiction who have been convicted of a felony considered to be a violent crime and who are currently on probation for this offense or who have been granted parole for this offense. The department shall affix the identifying code required by Section 56-1-140 at the next renewal of that person's South Carolina driver's license or special identification card."
SECTION 3. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-148. The fee for affixing this identifying code must be borne equally by persons who are covered by the provisions contained in Sections 56-1-146 and 56-1-147. This fee must be assessed when a person obtains or renews his driver's license or identification card. If the conviction or guilty plea for the crime is overturned on appeal, or if the person is subsequently pardoned for the crime, he may request the department to issue him a new license or special identification card with the identifying code removed, and the department is required to comply with this request without imposing a fee."
SECTION 4. Section 56-1-80 of the 1976 Code, as last amended by Act 225 of 2000, is further amended to read:
"Section 56-1-80. (A) Every An application for a driver's license or permit must:
(1) be made upon the form furnished by the department;
(2) be accompanied by the proper fee and acceptable proof of date and place of birth;
(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;
(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country;
(5) state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal;
(6) allow an applicant voluntarily to disclose a permanent medical condition which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record;
(7) allow an applicant voluntarily to disclose that he is an organ and tissue donor which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record.;
(8) state whether or not the applicant has ever been convicted of a felony considered to be a violent crime as contained in Section 16-1-60 on or after July 1, 2003, in this State and the crime.
(B) The information contained on a driver's license and in the driver's department records pertaining to a person's permanent medical condition, as provided for in item (A)(6), must be made available, upon request, to law enforcement and emergency medical services and hospital personnel; and the information and records pertaining to a person's organ and tissue donor status, as provided for in item (A)(7), must be made available, upon request, to law enforcement, emergency medical services and hospital personnel, and the South Carolina Donor Referral Network, as provided for in Section 44-43-910.
(C) Whenever an application is received from a person previously licensed or permitted in another state, the Department of Public Safety department may request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.
The completed and verified form or an affidavit prepared by the department showing that neither he, nor a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be completed and delivered to the department at the time the license or permit is issued or renewed."
SECTION 5. Section 56-1-140 of the 1976 Code, as last amended by Section 55B, Part II, Act 497 of 1994, is further amended to read:
"Section 56-1-140. (A) Upon the payment of a fee of twelve dollars and fifty cents, the department shall issue to every a qualified applicant a driver's license as applied for. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license.
(B) In addition to the contents of a driver's license provided for in subsection (A), the driver's license of a person convicted of a violent crime as contained in Section 16-1-60 must have a one-digit code identifying the person having been convicted of a felony considered to be a violent crime. The code must be developed by the department and made known to the appropriate law enforcement officers and other judicial officials of this State. A conviction under this section has the same meaning as defined in Section 56-1-710."
SECTION 6. The first paragraph of Section 56-1-3350 of the 1976 Code, as last amended by Act 227 of 2000, is further amended to read:
"Upon application by any a person ten years of age or older who is a resident of South Carolina, the department shall issue a special identification card as long as:
(1) the application is made on a form approved and furnished by the department; and
(2) the applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the department of his name and date of birth;
(3) the application states whether or not the applicant has ever been convicted of a felony considered to be a violent crime in this State and the felony."
SECTION 7. Section 56-1-3370 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 56-1-3370. (A) The special identification card issued pursuant to this article shall must be similar in size, shape, and design to a motor vehicle driver's license, including a color photograph of the person to whom it is issued. Provided, however, that However, the card shall must be readily distinguishable from a driver's license by a difference in color, and there shall must be printed on the face of such the card a statement that the card does not enable the person to whom it is issued to operate a motor vehicle.
(B) In addition to the contents of a special identification card provided for in subsection (A), the special identification card of a person convicted of a felony considered to be a violent crime under the laws of this State must have a one-digit code identifying the person as having been convicted of a felony considered to be a violent crime. The code must be developed by the department and made known to the appropriate law enforcement officers and other judicial officials of this State. A conviction under this section has the same meaning as defined in Section 56-1-710."
SECTION 8. The requirements of Section 56-1-140 of the 1976 Code, as amended by Section 3 of this act, must be met upon the renewal of the existing driver's licenses or special identification cards of persons convicted of felonies in this State, except as otherwise provided by Section 56-1-146 as contained in Section 1 of this act.
SECTION 9. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 10. This act takes effect upon approval by the Governor.
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