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Indicates Matter Stricken
Indicates New Matter
S. 953
STATUS INFORMATION
General Bill
Sponsors: Senators Campsen and Cleary
Document Path: l:\council\bills\ms\7012ahb06.doc
Introduced in the Senate on January 10, 2006
Currently residing in the Senate Committee on Judiciary
Summary: Handicapped parking space
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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11/29/2005 Senate Prefiled
11/29/2005 Senate Referred to Committee on Judiciary
1/10/2006 Senate Introduced and read first time SJ-12
1/10/2006 Senate Referred to Committee on Judiciary SJ-12
1/18/2006 Senate Referred to Subcommittee: Hawkins (ch), Cromer, Sheheen,
Lourie
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTIONS 14-1-207 AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS ON MAGISTRATES COURT OFFENSES AND MUNICIPAL COURT OFFENSES, RESPECTIVELY, SO AS TO PROVIDE THESE ASSESSMENTS MAY NOT BE IMPOSED ON MISDEMEANOR TRAFFIC VIOLATIONS INCLUDING PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS; AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO SURCHARGES ON GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURT OFFENSES, SO AS TO FURTHER PROVIDE THAT MISDEMEANOR TRAFFIC VIOLATIONS EXEMPTED FROM THE SURCHARGE INCLUDE PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-1-207(A) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"(A) Beginning January 1, 1995, and continuously after that date, a A person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in magistrate's magistrates court must pay an amount equal to 100 one hundred percent of the fine imposed as an assessment. This assessment must be paid to the magistrate and deposited as required by Section 22-1-70 in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended. However, the assessment required by the provisions of this subsection may not be imposed on convictions for misdemeanor traffic offenses, including, but not limited to, violations of Sections 56-3-1970, 56-5-2510, and 56-5-2530 or another state law, municipal, or county ordinance restricting parking in a prohibited zone or in a parking place clearly designated for handicapped persons."
SECTION 2. Section 14-1-208(A) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
"(A) Beginning October 1, 2000, and continuously after that date, a A person who is convicted of, or pleads guilty or nolo contendere to, or forfeits bond for an offense tried in municipal court must pay an amount equal to 100 one hundred percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended, and assessments must not be waived, reduced, or suspended. However, the assessment required by the provisions of this subsection may not be imposed on convictions for misdemeanor traffic offenses, including, but not limited to, violations of Sections 56-3-1970, 56-5-2510, and 56-5-2530 or another state law, municipal, or county ordinance restricting parking in a prohibited zone or in a parking place clearly designated for handicapped persons."
SECTION 3. Section 14-1-211(A)(1) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"(A)(1) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses including, but not limited to, violations of Sections 56-3-1970, 56-5-2510, and 56-5-2530 or another state law, municipal, or county ordinance restricting parking in a prohibited zone or in a parking place clearly designated for handicapped persons. However, the surcharge applies to all violations of Section 56-5-2930 and Section 56-5-2933. No portion of the surcharge may be waived, reduced, or suspended."
SECTION 4. 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 5. This act takes effect upon approval by the Governor.
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