South Carolina H 3136: Driver's license, surrendered

Bill Text

2025-2026 Bill 3136 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3136

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
56-1-557 SO AS TO PROVIDE THAT WHEN A PERSON APPEALS A CONVICTION THAT REQUIRES 
THE SUSPENSION OF HIS DRIVER'S LICENSE, THE DRIVER'S LICENSE SUSPENSION MUST BE 
STAYED WHILE THE CASE IS BEING APPEALED OR WHEN A PETITION FOR REHEARING HAS 
BEEN FILED; AND TO AMEND SECTION 56-1-365, RELATING TO A PERSON WHO SURRENDERS 
HIS DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES 
MAY NOT SUSPEND A PERSON'S DRIVER'S LICENSE IF IT FAILS TO RECEIVE NOTICE OF A 
CONVICTION THAT REQUIRES THE LICENSE TO BE SUSPENDED WITHIN THIRTY DAYS OF THE 
CONVICTION.

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

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

 Section 
56-1-557. When a person appeals or requests a rehearing of a conviction that 
requires the suspension of his driver's license, the driver's license 
suspension must be stayed while the case is being appealed or when a petition 
for rehearing has been filed.

SECTION 2. Section 56-1-365(C) of the S.C. Code is amended to 
read:

 (C) The department shall notify the 
defendant of the suspension or revocation. Except as provided in Section 
56-5-2990, if the defendant surrendered his license to the magistrate or clerk 
immediately after conviction, the effective date of the revocation or 
suspension is the date of surrender. If the magistrate or clerk wilfully fails 
to electronically forward the disposition and license surrender information to 
the department within five business days, the suspension or revocation does not 
begin until the department receives and processes the license and ticket, 
provided that the end date of the term of suspension or revocation shall be 
calculated from the date of surrender and not the date the department receives 
and processes the ticket. The department may not suspend a 
person's license if it fails to receive notice of a conviction that requires 
the license to be suspended within thirty days of the conviction.

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 06, 2024 at 10:37 AM