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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
January 31, 2012
H. 4571
S. Printed 1/31/12--H.
Read the first time January 11, 2012.
TO AMEND ACT 13 OF 2011, RELATING TO THE REPEAL OF SECTION 56-1-745 WHICH RELATES TO THE SUSPENSION OF A DRIVER'S LICENSE OF A PERSON CONVICTED OF A CONTROLLED SUBSTANCE VIOLATION, SO AS TO PROVIDE THAT THE REPEAL OF THIS PROVISION APPLIES TO ALL ACTIONS, RIGHTS, DUTIES, OR LIABILITIES FOUNDED ON IT PENDING ON AND BEFORE APRIL 12, 2011, AND ALTERS, DISCHARGES, RELEASES AND EXTINGUISHES ANY PENALTY, FORFEITURE, OR LIABILITY INCURRED UNDER THE REPEALED SECTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
Whereas, Section 1 of Act 13 of 2011, repealed Section 56-1-745 of the 1976 Code, which suspended the driver's license of a person convicted of a controlled substance violation; and
Whereas, Section 2 of Act 13 of 2011, stated that the repeal of this statute (Section 56-1-745) 'does not affect pending actions . . . or liabilities' or does not 'alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed . . . law'; and
Whereas, Section 2 of Act 13 of 2011, further states that '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 the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws; and
Whereas, the South Carolina Department of Motor Vehicles (DMV) interpreted Section 2 of Act 13 of 2011, to mean that the charge of a person whose controlled substance violation and criminal charge occurred before April 12, 2011, was a pending charge and accordingly applied Section 56-1-748 and suspended that person's driver's license; and
Whereas, members of the General Assembly have stated that the provisions of Section 2 of Act 13 of 2011, do not accurately reflect the intentions of the General Assembly in enacting Act 13 of 2011; and
Whereas, members of the General Assembly have stated that the intention of the General Assembly was to discontinue the suspension of the driver's license of a person who was charged with a controlled substance violation before April 12, 2011, but whose conviction occurred on or after April 12, 2011; and
Whereas, in order to carry out the intentions of the General Assembly, it is necessary to enact the following language. Now, therefore,
SECTION 1. (A) Notwithstanding the provisions of Act 13 of 2011, the suspension by the Department of Motor Vehicles of the driver's license of a person convicted of a controlled substance violation, pursuant to former Section 56-1-745 of the 1976 Code, for which the person was charged before April 12, 2011, and whose conviction or guilty plea or nolo contendere was entered on or after April 12, 2011, is reversed and the person's driving privilege must be reinstated on this act's effective date.
(B) The department must not pay or reimburse a person for a reinstatement fee or other costs or fees incurred by the person as a result of the suspension of the person's driver's license if the person's driver's license suspension was due to being charged with a controlled substance violation before April 12, 2011, and convicted on or after April 12, 2011, and the suspension ended and the person paid the reinstatement fee or incurred other costs or fees before this act's effective date.
This web page was last updated on January 31, 2012 at 4:42 PM