Senators ADAMS, HUTTO, HEMBREE, SABB, GARRETT, JOHNSON, KIMBRELL, TEDDER, OTT, and WALKER proposes the following amendment (SJ-52.MB0025S):

Amend the bill, as and if amended, SECTION 2, by deleting Section 56-5-2930(M)(3) from the bill.

Amend the bill further, SECTION 4, by deleting Section 56-5-2933(M)(3) from the bill.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Chapter 5, Title 56 of the S.C. Code is amended by adding:

 Section 56-5-2940. (A) A circuit solicitor must become the prosecuting authority for a first offense violation of Section 56-5-2930 or a first offense violation of Section 56-5-2933 immediately upon receiving notice that the person charged has retained or been appointed counsel. The circuit solicitor may refer a violation which occurred in a municipality to the municipality's prosecuting attorney.
 (B) Pursuant to Article V, Section 4 of the Constitution of South Carolina, the Chief Justice of the South Carolina Supreme Court may appoint a master-in-equity to sit in the magistrate or circuit court seat for the purpose of presiding over cases involving violations of Section 56-5-2930 or violations of Section 56-5-2933.

Amend the bill further, SECTION 7, by striking Section 56-5-2945(B)(1) and inserting:

  (1) by a mandatory fine of not less than five thousand one hundred dollars nor more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirtysix months days nor more than fifteen years when great bodily injury results;

Amend the bill further, SECTION 7, by striking Section 56-5-2945(C) and (D) and inserting:

 (C) A part of the mandatory sentences required to be imposed by this section must not be suspended, and probation must not be granted for any portion. If a person is sentenced to a mandatory minimum sentence pursuant to this section, the person may be confined to his place of residence pursuant to the Home Detention Act for the duration of the sentence.
 (B)(D) As used in this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. As used in this chapter, "moderate bodily injury" means physical injury that involves prolonged loss of consciousness, or that causes temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ, or injury that requires medical treatment when the treatment requires the use of regional or general anesthesia or injury that results in a fracture or dislocation. Moderate bodily injury does not include a one-time treatment and subsequent observation of scratches, cuts, abrasions, bruises, burns, splinters, or any other injuries that do not ordinarily require extensive medical care.

Amend the bill further, SECTION 9, by striking Section 56-5-2950(A)(2) and inserting:

  (2) If the officer has reasonable suspicion that the person is under the influence of drugs other than alcohol, or is under the influence of a combination of alcohol and drugs, the officer may request that the person submit a blood sample for testing. Such a request may be made with, or without first offering a breath test. A request for a blood sample may also be made after a breath sample has been provided if the officer has reasonable suspicion that the person is under the influence of drugs other than alcohol. Blood samples taken with the consent of the person must be collected within three hours of the arrest unless exigent circumstances prevent collection of the samples within the three-hour period.
 Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners a licensed physician, or a registered nurse licensed by the State Board of Nursing, a certified phlebotomist, ornurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. The arresting officer shall not draw or obtain the blook sample. Blood and urine samples must be obtained and handled in accordance with procedures approved by SLED and may be collected anywhere SLED policy the Department of Public Health and the trained person who is collecting the sample determine is safe and reasonable and adheres to the medical industry standard of safety and quality procedures.

Amend the bill further, SECTION 9, by striking Section 56-5-2950(C) and inserting:

 (C) A hospital, physician, qualified technician, chemist, phlebotomist, emergency medical technician, or registered nurse, or any other trained medical personnel who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause alleging that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.

Amend the bill further, SECTION 11, by striking Section 56-5-2953(B) and inserting:

 (B)(1) Nothing in this section may be construed as prohibiting the introduction of other relevant evidence in the trial of a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. Nothing in this section may be construed to compel or authorize the dismissal of a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. A violation of this section is not grounds for the dismissal of a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
  (2) Failure by the arresting officer to produce the video recording required by this section is not alone a ground for dismissal of any charge made pursuant to a video recording that substantially complies with the recording requirements of this section may be grounds for the suppression of evidence that was not properly recorded or documented as set forth in this section in any trial for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 if unless the arresting officer submits a sworn affidavit certifying that the video recording equipment at the time of the arrest or probable cause determination, or video equipment at the breath test facility was in an inoperable condition, stating which reasonable efforts have been made to maintain the equipment in an operable condition, and certifying that there was no other operable breath test facility available in the county or, in the alternative, submits a sworn affidavit certifying that it was physically impossible to produce the video recording because the person needed emergency medical treatment, or exigent circumstances existed. In circumstances including, but not limited to, road blocksroadblocks, traffic accident investigations, and citizens' arrests, where an arrest has been made and the video recording equipment has not been activated by blue lights, the failure by the arresting officer to produce the video recordings required by this section is not alone a ground for dismissal the suppression of evidence. However, as soon as video recording is practicable in these circumstances, video recording must begin as soon as practicable and thereafter must conform with the provisions of this section. Nothing in this section prohibits the court from considering any other valid reason for the failure to produce the of the State to substantially comply with any video recording requirements based upon the totality of the circumstances; nor do the provisions of this section prohibit the person from offering evidence relating to the arresting law enforcement officer's failure to produce the video recording.
  (3) A motion to suppress evidence that is based upon the State's failure to substantially comply with the videotaping requirements of this section must be made prior to the time that the jury is sworn, or jeopardy otherwise attaches. The court must view all relevant portions of any video recordings before making a ruling on suppression of evidence or testimony and may only grant the motion upon a finding that suppression of the evidence is necessary to avoid unfair prejudice to the defendant.

Amend the bill further, by adding appropriately numbered SECTIONS to read:

SECTION X. Section 1-7-406 of the S.C. Code is amended to read:

 Section 1-7-406. Notwithstanding any other provision of law, each judicial circuit of this State, in addition to its other assistant solicitors, shall have onethree assistant solicitorsolicitors and one investigator who shall be full-time employees. Such assistant solicitorsolicitors and investigator for each circuit shall be appointed by the solicitor of that circuit, shall serve at his pleasure and shall have such responsibilities as the solicitor directs. Two assistant solicitors shall be designated by the circuit solicitor as special prosecutors to assist the circuit solicitor in the prosecution of the offenses of driving under the influence and driving with an unlawful alcohol concentration in general sessions court, magistrates court, and municipal court, if the municipality does not have a prosecuting attorney. The compensation of each such assistant solicitor and investigator or such other staff as may be designated by each solicitor for his circuit and related employment expenses shall be as provided by the General Assembly in the annual general appropriations act. Nothing contained herein shall prohibit the funds so provided for such staff to be designated by the solicitor as being utilized with local and federal funds.

SECTION X. Beginning on July 31, 2027, the Office of Court Administration shall submit an annual report to the House and Senate Judiciary Committees and to the Judicial Merit Selection Commission on the number of driving under the influence violations charged pursuant to Section 56-5-2930, the number of driving with an unlawful alcohol concentration violations charged pursuant to Section 56-5-2933, and the number of felony driving under the influence violations charged pursuant to Section 56-5-2945, for the preceding fiscal year. The report must include the disposition, the circuit in which the disposition occurred, and the name of the judge presiding over the case.

SECTION X. Section 22-3-545(B) of the S.C. Code is amended to read:

 (B)(1) The solicitor, upon ten days' written notice to the defendant, may petition a circuit court judge in the circuit to transfer one or more cases from the general sessions court docket to a docket of a magistrates or municipal court in the circuit for disposition. The solicitor's notice must fully apprise the defendant of his right to have his case heard in general sessions court. The notice must include the difference in jury size in magistrates or municipal court and in general sessions court. The case may be transferred from the general sessions court unless the defendant objects after notification by the solicitor pursuant to the provisions of this item. The objection may be made orally or in writing at any time prior to the trial of the case or prior to the entry of a guilty plea. The objection may be made to the chief judge for administrative purposes in the judicial circuit where the charges are pending, the trial judge, or the solicitor. Before impaneling the jury or accepting the guilty plea of the defendant, the trial judge must receive an affirmative waiver by the defendant, if present, of his right to have the case tried in general sessions court. The defendant must be informed that, if tried in general sessions court, the case would be tried in front of twelve jurors who must reach a unanimous verdict before a finding of guilty of the offense can be rendered in his case, and that if tried in magistrates or municipal court, the case would be tried in front of six jurors who must reach a unanimous verdict before a finding of guilty of the offense can be reached in his case. The defendant may waive any and all of the rights provided in this subsection, in writing, prior to the impaneling of the jury or the acceptance of the defendant's guilty plea.
  (2) A case transferred to a magistrates or municipal court not disposed of in one hundred eighty days from the date of transfer automatically reverts to the docket of the general sessions court, except for violations of Section 56-5-2930 and Section 56-5-2933.

SECTION X. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Renumber sections to conform.

Amend title to conform.