(A) As used in this chapter "identifying code" means a symbol, number, or letter of the alphabet developed by the department to identify a person convicted of or pleading guilty or nolo contendere to a crime of violence as defined in Section 16-23-10(3) on or after July 1, 2011. The symbol, number, or letter of the alphabet shall not be defined on the driver's license or special identification card.
(B) 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 crime of violence as defined in Section 16-23-10(3) on or after July 1, 2011, must have an identifying code determined by the department affixed to the reverse side of his driver's license or special identification card. The code must identify the person as having been convicted of a violent crime. The code must be developed by the department and made known to the appropriate law enforcement officers and judicial officials of this State.
(C) The presence of a special identifying code on a person's driver's license or special identification card may not be used as a grounds to extend the detention of the person by a law enforcement officer or grounds for a search of the person or his vehicle.
(D) A person whose driver's license or special identification card has been canceled pursuant to Section 56-1-146 may apply for a new license or special identification card in a manner prescribed by the department. The department must issue by mail or in person a new license or special identification card with the identifying code required by this section. The department must not issue a new driver's license to a person during any period of suspension or revocation for any reason other than Section 56-1-146 and a driver's license may only be issued after the period of suspension or revocation has ended and the person is otherwise eligible to be issued a license.
(E) The intent of placing an identifying code on a driver's license or special identification card that identifies a person who has been convicted of a crime of violence as defined in Section 16-23-10(3) is to promote the state's fundamental right to provide for the public health, welfare, and safety of its citizens and law enforcement officers. Notwithstanding this legitimate stated purpose, this provision is not intended to violate the guaranteed constitutional rights of persons who have violated our state's laws.
(F) If a person's conviction or guilty plea for a crime of violence as defined in Section 16-23-10(3) is reversed on appeal, or if the person is subsequently pardoned, then the person may apply for a driver's license or special identification card that does not have the identifying code affixed.
(G) A person who is not convicted of a subsequent crime of violence as defined in Section 16-23-10(3) for five years after he has completely satisfied the terms of his sentence or during the term of the person's probation or parole, whichever the sentencing judge determines is appropriate, may file an application with the department to have the identifying code affixed to his driver's license or special identification card removed.
(H) A person must provide appropriate supporting documentation prescribed by the department to verify his eligibility to have the identifying code removed pursuant to subsection (F) or (G). Upon verification and payment of the fee provided in Section 56-1-140, the person must be issued a new driver's license or special identification card.
HISTORY: 2010 Act No. 277, Section 2, eff July 1, 2011; 2016 Act No. 275 (S.1258), Section 13, eff July 1, 2016; 2018 Act No. 159 (S.499), Section 1, eff May 3, 2018.
Editor's Note
2010 Act No. 277, Section 7, provides:
"This act takes effect July 1, 2011, and applies to all persons convicted of a crime of violence as defined in Section 16-23-10(3)."
Effect of Amendment
2018 Act No. 159, Section 1, deleted (D), which related to a fifty-dollar fee associated with placing the identifying code on a driver's license; redesignated (E) to (I) as (D) to (H); and in (D), in the second sentence, deleted "after payment of the fifty-dollar fee provided in subsection (C)" following "required by this section".
Structure South Carolina Code of Laws
Section 56-1-30. Persons exempt from licensing requirements.
Section 56-1-35. Driver's license for members of the armed services and dependents.
Section 56-1-40. Persons who may not be licensed or have their license renewed; beginner's permit.
Section 56-1-70. Temporary driver's permit.
Section 56-1-80. Application for license or permit.
Section 56-1-87. REAL ID card issuance.
Section 56-1-90. Evidence required to obtain a driver's license or identification card.
Section 56-1-100. Application by unemancipated minor.
Section 56-1-120. Release from imputed liability by cancellation of permit or license.
Section 56-1-130. License examinations; basic and classified licenses.
Section 56-1-135. Designated driver for fire extinguishment, special endorsement; safety officers.
Section 56-1-140. Issuance of license; necessary fees, signature, and contents; veteran designation.
Section 56-1-146. Surrender of driver's license by person convicted of certain crimes.
Section 56-1-171. Suspension for failure to pay child support; route-restricted license.
Section 56-1-175. Issuance of conditional driver's license.
Section 56-1-180. Special restricted licenses for certain minors.
Section 56-1-185. Removal of restrictions postponed; suspension of license.
Section 56-1-190. License must be carried and exhibited on demand.
Section 56-1-200. Duplicate for lost or destroyed license; fee.
Section 56-1-205. Hearing impaired designations on driver's licenses.
Section 56-1-215. Renewal of expired license.
Section 56-1-218. Driver's license extensions.
Section 56-1-221. Medical Advisory Board.
Section 56-1-222. Driver's licenses issued to wearers of bioptic telescopic lenses.
Section 56-1-225. Reexamination of drivers involved in four accidents within twenty-four months.
Section 56-1-230. Notification of change of address or name.
Section 56-1-240. Cancellation and surrender of license.
Section 56-1-245. Conditions for waiver of license reinstatement fee.
Section 56-1-260. Effect of cancellation of license.
Section 56-1-270. Suspension, revocation, or restriction of license on re-examination.
Section 56-1-280. Mandatory suspension or revocation.
Section 56-1-285. Revocation or refusal to renew license for nonpayment of fees.
Section 56-1-288. Tax refund garnishment for failure to comply with financial responsibility.
Section 56-1-290. Revocation for operating unlicensed taxis in certain counties.
Section 56-1-292. Suspension for failure to pay for gasoline.
Section 56-1-300. Suspension or revocation of license without preliminary hearing.
Section 56-1-310. Suspension or revocation of nonresident's driving privilege.
Section 56-1-330. Courts shall report certain convictions.
Section 56-1-340. Reports of convictions and records may be sent to other states; fees.
Section 56-1-345. Fees charged for Freedom of Information Act request.
Section 56-1-360. Form and proof of notice.
Section 56-1-370. Review of cancellation, suspension, or revocation of license.
Section 56-1-380. Period of suspension or revocation; renewal or restoration of license.
Section 56-1-385. Reinstatement of permanently revoked driver's license.
Section 56-1-390. Fee for reinstatement of license; disposition of fee proceeds.
Section 56-1-395. Driver's license reinstatement fee payment program.
Section 56-1-396. Driver's license suspension amnesty period.
Section 56-1-430. Appeal from conviction making suspension or revocation mandatory as supersedeas.
Section 56-1-440. Penalties for driving without license; summary court jurisdiction.
Section 56-1-465. Notice of suspension required.
Section 56-1-478. Reciprocal agreements for collection of fines, fees, and other costs.
Section 56-1-480. Unlawful to permit unauthorized person to drive.
Section 56-1-490. Unlawful for parent or guardian to permit unauthorized minor to drive.
Section 56-1-500. Penalties for violations of article.
Section 56-1-510. Unlawful use of license; fraudulent application.
Section 56-1-540. Files, records, and indexes to be kept.
Section 56-1-550. Fee for expediting request for copy of document or record.
Section 56-1-610. Short title.
Section 56-1-620. Legislative findings and policy.
Section 56-1-630. Definitions.
Section 56-1-640. Reciprocity in reporting convictions; information to be reported.
Section 56-1-650. Effect of certain convictions on status of license in home state.
Section 56-1-670. Effect on other laws or agreements.
Section 56-1-680. Administration; exchange of information.
Section 56-1-690. Withdrawal from compact.
Section 56-1-710. "Conviction" defined.
Section 56-1-720. Point system established; schedule of points for violations.
Section 56-1-730. Warning tickets not assigned point value.
Section 56-1-747. What constitutes conviction for purposes of Section 56-1-746.
Section 56-1-750. Computation of points.
Section 56-1-760. Violations considered in suspension to be disregarded in subsequent suspension.
Section 56-1-770. Points reduced for completing defensive driving course.
Section 56-1-780. Reports of certain convictions to Department of Motor Vehicles.
Section 56-1-800. Certified copies of reports as evidence of convictions.
Section 56-1-810. Notice of suspension; surrender of license.
Section 56-1-820. Hearing on suspension.
Section 56-1-850. Other provisions for mandatory suspension, revocation, or cancellation unaffected.
Section 56-1-1010. Legislative declaration of policy.
Section 56-1-1020. "Habitual offender" and "conviction" defined.
Section 56-1-1105. Penalties for driving while license cancelled, suspended, or revoked.
Section 56-1-1110. Article does not affect existing laws.
Section 56-1-1130. Notification of potential offenders.
Section 56-1-1320. Provisional drivers' licenses.
Section 56-1-1330. Applicant required to complete alcohol traffic safety program.
Section 56-1-1360. Revocation of license for additional violations.
Section 56-1-1370. Second violations during specified suspended period.
Section 56-1-1380. Effect of convictions outside of State.
Section 56-1-1390. Appeals; notice of hearing.
Section 56-1-1720. Licensing requirement; minimum age; violations and penalties.
Section 56-1-1730. Eligibility, suspension, revocation, or cancellation of moped operator's license.
Section 56-1-1770. Application for moped operator's license.
Section 56-1-2005. Administration of South Carolina Commercial Driver's License program.
Section 56-1-2010. Short title.
Section 56-1-2020. Construction.
Section 56-1-2030. Definitions.
Section 56-1-2040. Commercial drivers to have one driver's license only; exception.
Section 56-1-2045. Qualifications to be student at truck driver training school.
Section 56-1-2060. Employer's responsibilities.
Section 56-1-2100. Commercial driver license; contents; classifications of vehicles.
Section 56-1-2110. Disqualification from driving commercial motor vehicle.
Section 56-1-2111. Circumstances barring issuance of license.
Section 56-1-2115. Commercial driver's license re-examination.
Section 56-1-2140. Report of conviction of nonresident licensee; required action.
Section 56-1-2150. Authorized drivers of commercial motor vehicles.
Section 56-1-2156. Failure of commercial motor vehicle drivers to comply with lane restrictions.
Section 56-1-2210. Definitions
Section 56-1-2230. Failure to report and employing disqualified employee; fines.
Section 56-1-3360. Misuse of card prohibited.
Section 56-1-3380. Information submitted in application for card confidential; exceptions.
Section 56-1-3400. False or fictitious information or fraud a violation.