South Carolina General Assembly
115th Session, 2003-2004

Download This Version in Microsoft Word format

Bill 3115


Indicates Matter Stricken
Indicates New Matter


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

A 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.

----XX----

This web page was last updated on Thursday, June 25, 2009 at 9:32 A.M.