Senator Walker proposes the following amendment (SMIN-52.MW0027S):

Amend the bill, as and if amended, SECTION 11, by striking Section 56-5-2953(B)(2) and (3) and inserting:

  (2) Failure by the arresting officer to produce the video recording required by this section is not alone a ground for suppression of evidence 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 if 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 to comply with the 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.

Renumber sections to conform.

Amend title to conform.