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Current Status Bill Number:View additional legislative information at the LPITS web site.3393 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010131 Primary Sponsor:Davenport All Sponsors:Davenport Drafted Document Number:l:\council\bills\ggs\22782cm01.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:DUI, judge's discretion limited when issuing sentence under violations of; Transportation Department, Traffic violations History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010131 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ASSOCIATED WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER CONTROLLED SUBSTANCE, SO AS TO LIMIT A JUDGE'S DISCRETION WHEN HE ISSUES A SENTENCE UNDER THIS PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The second undesignated paragraph of Section 56-5-2940, as last amended by Act 390 of 2000, is further amended to read:
"No part of the minimum sentences provided in this section must be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary."
SECTION 2. This act takes effect upon approval by the Governor.
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