South Carolina Bill 59 Proposes Increased Penalties for Unlicensed Driving

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South Carolina lawmakers are moving to increase the legal consequences for individuals caught operating motor vehicles without a valid driver’s license. According to the South Carolina General Assembly, the proposed legislation, S. 59, seeks to amend existing state laws to impose higher fines and longer periods of imprisonment for repeat offenders.

The bill, sponsored by Senators Bennett and Rice, was introduced in the Senate on January 14, 2025. The measure was introduced in the House on January 22, 2026, where it currently resides in the House Committee on Judiciary.

Under the proposed amendments to Section 56-1-440 of the South Carolina Code of Laws, the bill outlines specific punishments based on the number of times a driver has been convicted of the offense.

For a first-time offense, the bill mandates a fine of no less than $50 and no more than $300, or a term of imprisonment for 30 days, or a combination of both. The stakes rise for subsequent violations.

For a third or subsequent offense, the bill requires a $1,000 fine and a prison sentence ranging from 45 days to six months or confinement to a person’s place of residence pursuant to the Home Detention Act for not less than 45 days nor more than six months. The legislation specifies that those sentenced to confinement pursuant to the Home Detention Act must pay for the cost of such confinement.

The proposed law places limits on how judges can handle these sentences. A trial judge would be prohibited from suspending any portion of a term of imprisonment or confinement under home detention, except when the court is suspending a term of imprisonment upon successful completion of the terms and conditions of confinement under home detention.

There is, however, a specific provision designed to prevent administrative prosecution. The bill states that a charge of driving without a license must be dismissed if the individual 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.

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

The measure is slated to take effect upon approval by the Governor.

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