Senator Johnson proposes the following amendment (SJ-52.SW0021S):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 56-5-2990(A) of the S.C. Code is amended to read:(A)(1) The Department of Motor Vehicles shall suspend the driver's license of a person who is convicted for a violation of Section 56-5-2930, 56-5-2933, or a law of another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs.
(2) For a first offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, if applicable, 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. The person is not eligible for a provisional license pursuant to Article 7, Chapter 1, Title 56.
(3) For a second offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, if applicable, 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 two years.
(4) For a third offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, if applicable, 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 three years. If the third offense occurs within five years from the date of the first offense, the ignition interlock device is required to be affixed to the motor vehicle for four years.
(5) For a fourth or subsequent offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, if applicable, 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 life.
(6) Except as provided in subsection (A)(4), only those offenses which occurred within ten years, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this section.
(7) For a first or subsequent offense violation of Section 56-5-2930, when the person is under the influence of drugs other than alcohol the person is not required to obtain an ignition interlock device, but must submit to twice monthly blood testing for drug analysis for the period of the license suspension pursuant to Section 56-5-5100. The Department of Probation, Parole, and Pardon Services must receive and monitor the results of the blood tests and notify the Department of Motor Vehicles if the person fails a blood test. The person also may obtain a temporary alcohol license pursuant to Section 56-5-2951, which must be revoked for the duration of the suspension upon the failure of two blood tests. The person obtaining the blood test must pay for the test.
Renumber sections to conform.
Amend title to conform.