South Carolina S 59: Increased Penalties for Driving Without a License

Bill Text

2025-2026 Bill 59 Text of Previous Version (Apr. 29, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 59

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

Committee Report

April 29, 2025

S. 59

Introduced 
by Senators Bennett and Rice 

S. Printed 4/29/25--S.

Read the first time January 14, 2025

________

The committee on Senate 
Transportation

To whom was referred a Bill (S. 59) to amend 
the South Carolina Code of Laws by amending Section 56-1-440, relating to 
penalties for driving without license, so as to increase the penalties for 
driving, etc., respectfully

Report:

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

LAWRENCE GROOMS for Committee.

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 56-1-440, RELATING TO PENALTIES FOR DRIVING WITHOUT LICENSE, SO AS TO 
INCREASE THE PENALTIES FOR DRIVING WITHOUT A LICENSE AND MAKE CONFORMING 
CHANGES.

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

SECTION 1. Section 56-1-440 of the S.C. Code is amended to read:

 Section 
56-1-440. (A) A person who drives a 
motor vehicle on a public highway of this State without a driver's license in 
violation of Section 56-1-20 is guilty of a misdemeanor and, upon conviction of a first offense, must punished as 
follows:

 (1) for a first offense, be fined not less than fifty dollars 
nor more than one three 
hundred dollars or imprisoned for thirty days, or 
both;

 (2) for and, 
upon conviction of a second offense, be fined five six hundred dollars or imprisoned for not less than forty-five days nor 
more than sixty consecutive days, or both, ; and

 (3) for a third and or subsequent offense, fined one thousand dollars, and must 
be imprisoned for not less than forty-five days nor more than six months or confined to a person's place of residence pursuant to the 
Home Detention Act for not less than forty-five days nor more than six months. 
No portion of a term of imprisonment or confinement under home detention may be 
suspended by the trial judge except when the court is suspending a term of 
imprisonment upon successful completion of the terms and conditions of 
confinement under home detention. For purposes of this item, a person sentenced 
to confinement pursuant to the Home Detention Act is required to pay for the 
cost of such confinement. However, a charge of 
driving a motor vehicle without a driver's license must be dismissed if the 
person provides proof of being a licensed driver at the time of the violation 
to the court on or before the date this matter is set to be disposed of by the 
court.

 (B) The summary courts are vested with jurisdiction to hear and 
dispose of cases involving a violation of this section.A charge of driving a motor vehicle without a driver's license 
must be dismissed if the person provides proof of being a licensed driver at 
the time of the violation to the court on or before the date this matter is set 
to be disposed of by the court.

 (C) The summary courts are vested with 
jurisdiction to hear and dispose of cases involving a violation of this 
section.

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

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This web page was last updated on April 29, 2025 at 09:04 PM