South Carolina General Assembly
121st Session, 2015-2016

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Indicates Matter Stricken
Indicates New Matter

S. 240

STATUS INFORMATION

General Bill
Sponsors: Senator Coleman
Document Path: l:\council\bills\swb\5217cm15.docx

Introduced in the Senate on January 13, 2015
Currently residing in the Senate Committee on Judiciary

Summary: Failure to take breath test or give blood samples

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/10/2014  Senate  Prefiled
  12/10/2014  Senate  Referred to Committee on Judiciary
   1/13/2015  Senate  Introduced and read first time (Senate Journal-page 148)
   1/13/2015  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 148)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/10/2014

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

A BILL

TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO HOLDS A DRIVER'S LICENSE'S IMPLIED CONSENT TO BE TESTED TO DETERMINE WHETHER THEY ARE OPERATING A MOTOR VEHICLE WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT IF AN ARRESTING OFFICER FAILS TO PROPERLY FILE A NOTICE OF SUSPENSION WITHIN TEN DAYS OF AN ARREST WITH THE PROPER REPORTING AUTHORITY, FOR A PERSON WHO REFUSES TO TAKE A BREATH TEST, GIVE BLOOD SAMPLES, OR WHO REGISTERS AN UNLAWFUL ALCOHOL CONCENTRATION, THEN THE SUSPENSION MUST BE VACATED.

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

SECTION    1.    Section 56-5-2950 of the 1976 Code, as last amended by Act 158 of 2014, is further amended by adding at the end:

"( )    If an arresting officer fails to properly file a notice of suspension with the proper reporting authority within ten days of an arrest for a person who refuses to take a breath test, give blood samples, or who registers an unlawful alcohol concentration pursuant to this section, then the suspension must be vacated."

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

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This web page was last updated on January 14, 2015 at 9:41 AM