Senator Hembree proposes the following amendment (SEDU-52.DB0005S):

Amend the bill, as and if amended, SECTION 11, by striking Section 56-5-2953(A)(1)(a)(ii), (iii), and (iv) and inserting:

    (ii) include any field sobriety tests administered; and and
    (iii) include the arrest of a person for a violation of Section 56-5-2930 or Section 56-5-2933, or a probable cause determination in that the person violated Section 56-5-2945,; and show the person being advised of his Miranda rights.
    (iv)(iii) reasonably document the advisement of Miranda rights if Miranda warnings are given. Nothing in this section shall be construed to require the giving of Miranda warnings unless the state attempts to introduce statements made in response to a custodial interrogation.

Amend the bill further, SECTION 11, by striking Section 56-5-2953(A)(3) and inserting:

  (3) The video recordings of made at the incident site, in the law enforcement vehicle, on a body worn camera and of at the breath test site are admissible pursuant to the South Carolina Rules of Evidence in a criminal, administrative, or civil proceeding by any party to the action.

Amend the bill further, SECTION 11, by striking Section 56-5-2953(B)(2) and inserting:

  (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.

Amend the bill further, SECTION 12, Section 56-5-2920, by adding a subsection to read:

 (E) Prosecution under this section does not prevent the charging and prosecution under any other section or Chapter.

Renumber sections to conform.

Amend title to conform.