Senator Hembree proposes the following amendment (SEDU-52.DB0006S):

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

SECTION X. Section 17-22-50 of the S.C. Code is amended to read:

 Section 17-22-50. (A) A person must not be considered for intervention if:
  (1) he previously has been accepted into an intervention program; or
  (2) the person is charged with:
   (a) blackmail;
   (b) driving under the influence or driving with an unlawful alcohol concentration more than first offense or if driving with a current class A,B or C commercial driver's license;
   (c) a traffic-related offense which is punishable only by fine or loss of points;
   (d) a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1120;
   (e) a crime of violence as defined in Section 16-1-60; or
   (f) an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.
 (B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge.

SECTION X. Chapter 22, Title 17 of the S.C. Code is amended by adding:

 Section 17-22-58. In addition to any other intervention program requirement, a condition of admission to the pretrial intervention program of a person charged with driving under the influence first offense or driving under with an unlawful alcohol concentration first offense, must participate and complete a DUI victim impact panel, have a breath alcohol ignition interlock device installed for the duration of participation in the intervention program and participate and complete the South Carolina alcohol and drug safety action program "ADSAP".

SECTION X. Section 17-22-130 of the S.C. Code is amended to read:

 Section 17-22-130. Notwithstanding the provisions of Section 17-1-40, in all cases where an offender is accepted for intervention a report must be made and retained on file in the solicitor's office, regardless of whether or not the offender successfully completes the intervention program. All reports must be retained on file in the solicitor's office for a period of two years after successful completion, two years after rejection, or two years after unsuccessful completion of the program. After the retention of these reports for two years, they may be destroyed. The circuit solicitor shall furnish to the South Carolina Law Enforcement Division personal identification information and criminal offense on each person who applies for intervention, is subsequently accepted or rejected and successfully or unsuccessfully completes the program. The Division shall maintain this database and shall not destroy any information contained therein This information may only be used by the division and the State Coordinator's Office in those cases where a circuit solicitor, magistrate, municipal judge or municipal prosecutor inquires as to whether a person has previously been accepted in an intervention program. However, that information may be confidentially released to the State Coordinator's Office to assist in compiling annual reports. The identification information on any defendant must not be under any circumstances released as public knowledge.

Renumber sections to conform.

Amend title to conform.