South Carolina General Assembly
125th Session, 2023-2024
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Indicates Matter Stricken
Indicates New Matter
S. 1157
STATUS INFORMATION
General Bill
Sponsors: Senators Harpootlian and Goldfinch
Document Path: SR-0635KM24.docx
Introduced in the Senate on March 13, 2024
Currently residing in the Senate
HISTORY OF LEGISLATIVE ACTIONS
| Date | Body | Action Description with journal page number |
|---|---|---|
| 3/13/2024 | Senate | Introduced and read first time (Senate Journal-page 3) |
| 3/13/2024 | Senate | Referred to Committee on Judiciary (Senate Journal-page 3) |
| 3/14/2024 | Scrivener's error corrected |
View the latest legislative information at the website
VERSIONS OF THIS BILL
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-2930, RELATING TO OPERATING A MOTOR VEHICLE WHILE UNDER INFLUENCE OF ALCOHOL OR DRUGS SO AS TO PREVENT THE PRACTICE OF PLEADING VIOLATIONS OF SECTION 56-5-2930 TO A LOWER PENALTY UNDER THE GUISE OF PLEADING TO A LESSER INCLUDED OFFENSE; AND BY AMENDING SECTION 56-5-2933, RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION SO AS TO PREVENT THE PRACTICE OF PLEADING VIOLATIONS OF SECTION 56-5-2933 TO A LOWER PENALTY UNDER THE GUISE OF PLEADING TO A LESSER INCLUDED OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2930 of the S.C. Code is amended by adding:
(M) A violation of subsection (A) is a single, stand-alone offense. Subsections (A)(1), (2), (3), and (4) do not constitute different degrees of the offense of driving a motor vehicle within this State while under the influence of alcohol in violation of subsection (A) nor do they constitute lesser included offenses of a violation of subsection (A). Consequently, there can be no plea agreement. A person charged with a violation of subsection (A) must be punished based upon the number of times that he has been previously convicted, plead guilty or nolo contendere, or forfeited bail to a violation of subsection (A) during the prescribed time period and subject to the person's alcohol concentration.
SECTION 2. Section 56-5-2933 of the S.C. Code is amended by adding:
(M) A violation of subsection (A) is a single, stand-alone offense. Subsections (A)(1), (2), (3), and (4) do not constitute different degrees of the offense of driving a motor vehicle within this State while the driver's alcohol concentration is eight one-hundredths of one percent or more in violation of subsection (A) nor do they constitute lesser included offenses of a violation of subsection (A). Consequently, there can be no plea agreement. A person charged with a violation of subsection (A) must be punished based upon the number of times that he has been previously convicted, plead guilty or nolo contendere, or forfeited bail to a violation of subsection (A) during the prescribed time period and subject to the person's alcohol concentration.
SECTION 3. This act takes effect upon approval by the Governor.
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This web page was last updated on March 14, 2024 at 11:37 AM