View Amendment Current Amendment: JUD0137.015.DOCX to Bill 137 Senator MALLOY proposed the following amendment (JUD0137.015):    

Amend the COMMITTEE REPORT, as and if amended, by adding an appropriately numbered section to read:

/         SECTION __. Article 7, Chapter 1, Title 56 of the 1976 Code is repealed.         /

Amend the COMMITTEE REPORT further, as and if amended, page [137-15], by striking lines 25-43, and page [137-16], by striking lines 1-19, and inserting:

    /     "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 Pursuant to Sections 56-5-2945 and 56-5-2990, 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. 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 pursuant to Sections 56-5-2945 and 56-5-2990. 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 pursuant to Section 56-1-286 or 56-5-2951 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.         /

Amend the COMMITTEE REPORT further, as and if amended, page [137-39], by striking lines 16-43, and page [137-40], by striking lines 1-15, and inserting:    

/         (2)     For a first offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device is required to be affixed to the motor vehicle for six months.     /

    Renumber sections to conform.
    Amend title to conform.