A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-1-555 SO AS TO PROVIDE INDIVIDUALS MAY NOT BE PLACED UNDER CUSTODIAL ARREST WHEN STOPPED FOR OPERATING MOTOR VEHICLES WITH SUSPENDED DRIVERS' LICENSES UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE FOR THE REINSTATEMENT OF THE INDIVIDUALS' DRIVERS' LICENSES AND THE DISMISSAL OF THE DRIVING WHILE UNDER SUSPENSION CHARGES.

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

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

    Section 56-1-555.  Notwithstanding another provision of law, a person may not be placed under custodial arrest when stopped for operating a motor vehicle with a suspended driver's license when the suspension is based upon an outstanding unpaid traffic ticket or a clerical error contained on the person's driving record.  Upon payment of the traffic ticket or the correction of the clerical error that led to the suspension, the person's driver's license must be reinstated and the driving while under suspension charge must be dismissed.

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

----XX----