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Indicates Matter Stricken
Indicates New Matter
TO AMEND SECTION 56-1-286, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, OR THE DENIAL OF A DRIVER'S LICENSE OR PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE WITH A CERTAIN AMOUNT OF ALCOHOL CONCENTRATION, SO AS TO REMOVE THE PROHIBITION CONTAINED IN THIS SECTION THAT PRECLUDES A LAW ENFORCEMENT OFFICER WHO INITIATES SUSPENSION PROCEEDINGS FOR A VIOLATION OF THIS SECTION FROM PROSECUTING A PERSON FOR A VIOLATION OF SEVERAL OTHER SECTIONS THAT PERTAIN TO THE UNLAWFUL PURCHASE OR CONSUMPTION OF ALCOHOL BY A PERSON UNDER THE AGE OF TWENTY-ONE AND THE UNLAWFUL OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-286(A) of the 1976 Code is amended to read:
"(A) The Department of Motor Vehicles must suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent or more. In cases in which a law enforcement officer initiates suspension proceedings for a violation of this section, the officer has elected to pursue a violation of this section and is subsequently prohibited from prosecuting the Nothing in this section prohibits or limits the prosecution of a person for a violation of Section 63-19-2440, 63-19-2450, 56-5-2930, or 56-5-2933, or 56-5-2945 arising from the same incident."
SECTION 2. This act takes effect upon approval by the Governor.
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