Amend the COMMITTEE REPORT, as and if amended, by striking, beginnng on page [137-15], SECTION 8 in its entirety, and inserting:
/ SECTION 8. Section 56-5-2941 of the 1976 Code is amended to read:
"Section 56-5-2941. (A) Except as otherwise provided in this section, in addition to the penalties required and authorized to be imposed against a person violating the provisions of Section 56-5-2930, 56-5-2933, or 56-5-2945, or violating the provisions of another law of any other another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs the The Department of Motor Vehicles must shall require the a person, if he is a subsequent offender and who is a resident of this State, and who has violated the provisions of Section 56-5-2930, 56-5-2933, 56-5-2945, 56-5-2947, or a law of another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs, to have installed on any motor vehicle the person drives an ignition interlock device designed to prevent driving of the motor vehicle if the person has consumed alcoholic beverages. This section does not apply to a person convicted of a first offense violation of Section 56-5-2930 or 56-5-2933, unless the person submitted to a breath test pursuant to Section 56-5-2950 and had an alcohol concentration of twelve one hundredths of one percent or more. The Department of Motor Vehicles department may waive the requirements of this section if it finds the department determines that the offender person has a medical condition that makes him the person incapable of properly operating the installed device. If the department grants a medical waiver, the department shall suspend the person's driver's license for the length of time that the person would have been required to hold an ignition interlock restricted license. The department may withdraw the waiver at any time that the department becomes aware that the person's medical condition has improved to the extent that the person has become capable of properly operating an installed device. The department also shall require a person who has enrolled in the Ignition Interlock Device Program in lieu of the remainder of a driver's license suspension or denial of the issuance of a driver's license or permit to have an ignition interlock device installed on any motor vehicle the person drives.
The length of time that an interlock a device is required to be affixed to a motor vehicle following the completion of a period of license suspension imposed on the offender person is two years for a second offense, three years for a third offense, and the remainder of the offender's person's life for a fourth or subsequent offense is set forth in Sections 56-1-286, 56-5-2945, 56-5-2947, 56-5-2951, and 56-5-2990.
(B) Notwithstanding the pleadings, for purposes of a second or a subsequent offense, the specified length of time that an interlock a device is required to be affixed to a motor vehicle is based on the Department of Motor Vehicle's records for offenses pursuant to Section 56-1-286, 56-5-2930, 56-5-2933, or 56-5-2945, 56-5-2947, 56-5-2950, or 56-5-2951.
(B)(C) If a person who is a subsequent offender and a resident of this State is convicted of violating the provisions of a law of any other another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs, and, as a result of the conviction, the person is subject to an ignition interlock device requirement in the other state, the person is subject to the requirements of this section for the length of time that would have been required for an offense committed in South Carolina, or for the length of time that is required by the other state, whichever is longer.
(C)(D) If a person from another state becomes a resident of South Carolina while subject to an ignition interlock device requirement in another state, the person may only obtain a South Carolina driver's license if the person enrolls in the South Carolina ignition interlock device program Ignition Interlock Device Program pursuant to this section. The person is subject to the requirements of this section for the length of time that would have been required for an offense committed in South Carolina, or for the length of time that is required by the other state, whichever is longer.
(D)(E) The offender shall person must be subject to an Ignition Interlock Device Point System managed by the Department of Probation, Parole and Pardon Services. An offender receiving A person accumulating a total of:
(1) two points or more, but less than three points, will must have their the length of time that the interlock device is required extended by two months.;
(2) An offender receiving a total of three points or more, but less than four points, will must have their the length of time that the interlock device is required extended by four months, and must shall submit to a substance abuse assessment pursuant to Section 56-5-2990, and shall successfully complete the plan of education and treatment, or both, as recommended by the certified substance abuse program. Should the individual person not complete the recommended plan, or not make progress toward completing the plan, the Department of Motor Vehicles must shall suspend the individual's driver's person's ignition interlock restricted license until the plan is completed or progress is being made toward completing the plan.;
(3) An offender receiving a total of four points or more shall must have their the person's ignition interlock restricted license suspended for a period of one year six months, and shall submit to a substance abuse assessment pursuant to Section 56-5-2990, and shall successfully complete the plan of education and treatment, or both, as recommended by the certified substance abuse program. Completion of the plan is mandatory as a condition of reinstatement of the person's driving privileges Should the person not complete the recommended plan or not make progress toward completing the plan, the Department of Motor Vehicles shall leave the person's ignition interlock restricted license in suspended status, or, if the license has already been reinstated following the six-month suspension, shall resuspend the person's ignition interlock restricted license until the plan is completed or progress is being made toward completing the plan. The Department of Alcohol and Other Drug Abuse Services is responsible for notifying the Department of Motor Vehicles of an individual's a person's completion and compliance with education and treatment programs. Upon reinstatement of driving privileges following the six-month suspension, the Department of Probation, Parole and Pardon Services shall reset the person's point total to zero points, and the person shall complete the remaining period of time on the ignition interlock device.
(E)(F) The cost of the interlock device must be borne by the offender person. However, if the offender believes he person is indigent and cannot afford the cost of the ignition interlock device, the offender person may submit an affidavit of indigency to the Department of Probation, Parole and Pardon Services for a determination of indigency as it pertains to the cost of the ignition interlock device. The affidavit of indigency form must be made publicly accessible on the Department of Probation, Parole and Pardon Services' Internet web site. If the Department of Probation, Parole and Pardon Services determines that the offender person is indigent as it pertains to the ignition interlock device, it the Department of Probation, Parole and Pardon Services may authorize an interlock a device to be affixed to the motor vehicle and the cost of the initial installation and standard use of the ignition interlock device to be paid for by the Ignition Interlock Device Fund managed by the Department of Probation, Parole and Pardon Services. Funds remitted to the Department of Probation, Parole and Pardon Services for the Ignition Interlock Device Fund also may be used by the Department of Probation, Parole and Pardon Services to support the Ignition Interlock Device Program. For purposes of this section, a person is indigent if the person is financially unable to afford the cost of the ignition interlock device. In making a determination whether a person is indigent, all factors concerning the person's financial conditions should be considered including, but not limited to, income, debts, assets, number of dependants dependents claimed for tax purposes, living expenses, and family situation. A presumption that the person is indigent is created if the person's net family income is less than or equal to the poverty guidelines established and revised annually by the United States Department of Health and Human Services published in the Federal Register. 'Net income' means gross income minus deductions required by law. The determination of indigency is subject to periodic review at the discretion of the Department of Probation, Parole and Pardon Services.
(F)(G) The ignition interlock service provider must shall collect and remit monthly to the Ignition Interlock Device Fund a fee as determined by the Department of Probation, Parole and Pardon Services not to exceed three hundred sixty thirty dollars per year month for each year month the person is required to drive a vehicle with an ignition interlock a device. Any A ignition service provider failing who fails to properly remit funds to the Ignition Interlock Device Fund may be decertified as an ignition interlock a service provider by the Department of Probation, Parole and Pardon Services. If a service provider is decertified for failing to remit funds to the Ignition Interlock Device Fund, the cost for removal and replacement of an ignition interlock a device must be borne by the service provider.
(G)(H)(1) The offender must person shall have the interlock device inspected every sixty days to verify that the device is affixed to the motor vehicle and properly operating, and to allow for the preparation of an ignition interlock device inspection report by the service provider indicating the offender's person's alcohol content at each attempt to start and running re-test retest during each sixty-day period. Failure of the person to have the interlock device inspected every sixty days must result in one ignition interlock device point.
(2) Only a service provider authorized by the Department of Probation, Parole and Pardon Services to perform inspections on ignition interlock devices may conduct inspections. The service provider immediately must shall report any devices that fail inspection to the Department of Probation, Parole and Pardon Services. The report must contain the person's name of the offender, identify the vehicle upon which the failed device is installed, and the reason for the failed inspection, and.
(3) If the inspection report reflects that the person has failed to complete a running retest, the person must be assessed one ignition interlock device point.
(4) The inspection report must indicate the offender's person's alcohol content at each attempt to start and running re-test retest during each sixty-day period. Failure of the offender to have the interlock device inspected every sixty days will result in one ignition interlock device point. Upon review of the ignition interlock device inspection report, if the report reflects that the offender attempted to start the motor vehicle with an alcohol concentration of two one-hundredths of one percent or more, the offender is assessed one-half interlock device point. Upon review of the interlock device inspection report, if If the report reflects that the offender person violated a running re-test retest by having an alcohol concentration of:
(a) between two one-hundredths of one percent or more and but less than four one-hundredths of one percent, the offender is person must be assessed one-half ignition interlock device point.;
(b) Upon review of the interlock device inspection report, if the report reflects that the offender person violated a running re-test retest by having an alcohol concentration between four one-hundredths of one percent or more and but less than fifteen one-hundredths of one percent, the offender is person must be assessed one ignition interlock device point.; or
(c) Upon review of the interlock device inspection report, if the report reflects that the offender person violated a running re-test retest by having an alcohol concentration above fifteen one-hundredths of one percent or more, the offender is person must be assessed two ignition interlock device points.
(5) An individual A person may appeal any interlock device points received to an administrative hearing officer with the Department of Probation, Parole and Pardon Services through a process established by the Department of Probation, Parole and Pardon Services. The administrative hearing officer's decision on appeal shall be is final and no appeal from such decision shall be is allowed.
(H)(I) Ten Five years from the date of the person's last conviction driver's license reinstatement and every five years thereafter a fourth or subsequent offender whose license has been reinstated pursuant to Section 56-1-385 may apply to the Department of Probation, Parole and Pardon Services for removal of the ignition interlock device and the removal of the restriction from his the person's driver's license. The Department of Probation, Parole and Pardon Services may, for good cause shown, remove the device and remove the restriction notify the Department of Motor Vehicles that the person is eligible to have the restriction removed from the offender's person's license.
(I)(J)(1) Except as otherwise provided in this section, it is unlawful for a person issued a driver's license with an ignition interlock restriction who is subject to the provisions of this section to drive a motor vehicle that is not equipped with a properly operating, certified ignition interlock device. A person who violates this section must be punished in the manner provided by law subsection:
(a) for a first offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than five hundred dollars, or be imprisoned not more than ninety days, or be confined to the person's place of residence pursuant to the Home Detention Act for not more than ninety days. The person must have the length of time that the ignition interlock device is required extended by six months;
(b) for a second offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than one thousand dollars, or be imprisoned not more than three years, or be confined to the person's place of residence pursuant to the Home Detention Act for one year. The person must have the length of time that the ignition interlock device is required extended by one year; and
(c) for a third or subsequent offense, is guilty of a felony, and, upon conviction, must be fined not less than five thousand dollars, or be imprisoned not more than ten years, or be confined to the person's place of residence pursuant to the Home Detention Act for three years. The person must have the length of time that the ignition interlock device is required extended by three years.
(2) No portion of the minimum sentence imposed pursuant to this subsection may be suspended.
(3) Notwithstanding any other provision of law, a first or second offense punishable pursuant to this subsection may be tried in summary court.
(J)(K)(1) An offender that A person who is required in the course and scope of his the person's employment to drive a motor vehicle owned by the offender's person's employer may drive his the employer's motor vehicle without installation of an ignition interlock device, provided that the offender's person's use of the employer's motor vehicle is solely for the employer's business purposes. This subsection does not apply to an offender a person who is self-employed or to an offender a person who is employed by a business owned in whole or in part by the offender person or a member of the offender's person's household or immediate family unless during the defense of a criminal charge, the court finds that the vehicle's ownership by the business serves a legitimate business purpose and that titling and registration of the vehicle by the business was not done to circumvent the intent of this section.
(2) Whenever the person operates the employer's vehicle pursuant to this subsection, the person shall have with the person a copy of the Department of Motor Vehicle's form specified by Section 56-1-400(B).
(3) This subsection will be construed in parallel with the requirements of subsection 56-1-400(B). A waiver issued pursuant to this subsection will be subject to the same review and revocation as described in subsection 56-1-400(B).
(K)(L) It is unlawful for a person to tamper with or disable, or attempt to tamper with or disable, an ignition interlock device installed on a motor vehicle pursuant to this section. Obstructing or obscuring the camera lens of an ignition interlock device constitutes tampering. A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(L)(M) It is unlawful for a person to knowingly rent, lease, or otherwise provide an offender a person who is subject to the provisions of this section with a motor vehicle without a properly operating, certified ignition interlock device. A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(M)(N) It is unlawful for an offender a person who is subject to the provisions of this section to solicit or request another person, or for a person to solicit or request another person on behalf of an offender a person who is subject to the provisions of this section, to engage an ignition interlock device to start a motor vehicle with a device installed pursuant to this section. A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(N)(O) It is unlawful for another person to engage an ignition interlock device to start a motor vehicle with a device installed pursuant to this section. A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(O)(P) Only ignition interlock devices certified by the Department of Probation, Parole and Pardon Services may be used to fulfill the requirements of this section.
(1) The Department of Probation, Parole and Pardon Services must shall certify whether a device meets the accuracy requirements and specifications provided in guidelines or regulations adopted by the National Highway Traffic Safety Administration, as amended from time to time. All devices certified to be used in South Carolina must be set to prohibit the starting of a motor vehicle when an alcohol concentration of two one-hundredths of one percent or more is measured and all running re-tests retests must record violations of an alcohol concentration of two one-hundredths of one percent or more, and must capture a photographic image of the driver as the driver is operating the ignition interlock device. The photographic images recorded by the ignition interlock device may be used by the Department of Probation, Parole and Pardon Services to aid in the Department of Probation, Parole and Pardon Services' management of the Ignition Interlock Device Program; however, neither the Department of Probation, Parole and Pardon Services, the Department of Probation, Parole and Pardon Services' employees, nor any other political subdivision of this State may be held liable for any injury caused by a driver or other person who operates a motor vehicle after the use or attempted use of an ignition interlock device.
(2) The Department of Probation, Parole and Pardon Services shall maintain a current list of certified ignition interlock devices and their manufacturers. The list must be updated at least quarterly. If a particular certified device fails to continue to meet federal requirements, the device must be decertified, may not be used until it is compliant with federal requirements, and must be replaced with a device that meets federal requirements. The cost for removal and replacement must be borne by the manufacturer of the noncertified device.
(3) Only ignition interlock installers certified by the Department of Probation, Parole and Pardon Services may install and service ignition interlock devices required pursuant to this section. The Department of Probation, Parole and Pardon Services shall maintain a current list of vendors that are certified to install the devices.
(P)(Q) In addition to availability under the Freedom of Information Act, any Department of Probation, Parole and Pardon Services policy concerning ignition interlock devices must be made publicly accessible on the Department of Probation, Parole and Pardon Service's Services' Internet web site. Information obtained by the Department of Probation, Parole and Pardon Services and ignition interlock service providers regarding a person's participation in the Ignition Interlock Device Program is to be used for internal purposes only and is not subject to the Freedom of Information Act. A person participating in the Ignition Interlock Device Program or the person's family member may request that the Department of Probation, Parole and Pardon Services provide the person or family member with information obtained by the department and ignition interlock service providers. The Department of Probation, Parole and Pardon Services may release the information to the person or family member at the department's discretion. The Department of Probation, Parole and Pardon Services and ignition interlock service providers may retain information regarding a person's participation in the Ignition Interlock Device Program for a period not to exceed eighteen months from the date of the person's completion of the Ignition Interlock Device Program.
(Q)(R) The Department of Probation, Parole and Pardon Services shall develop policies including, but not limited to, the certification, use, maintenance, and operation of ignition interlock devices and the Ignition Interlock Device Fund." /
Renumber sections to conform.
Amend title to conform.