Reps. J.E. JOHNSON and ROBBINS propose the following amendment (LC-52.AHB0002H):

Amend the bill, as and if amended, SECTION 1, by striking Section 56-5-2930(C) and (H) and inserting:

 (C) The fine for a first offense must not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine. A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglected any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately cause a collision that occurred while the person was driving in violation of this section, and resulted in bodily injury is guilty of the offense of driving under the influence, third degree, and, upon conviction, by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars, and imprisonment for not more than one year. A person who suffers a personal or financial injury because of a violation of the provisions of the section is considered the victim of the person convicted of the violation and must be afforded all rights enumerated in the Victim's Bill of Rights in the South Carolina Constitution, Article I, Section 24 including, but not limited to, reasonable access to all documents relating to the investigation. Reserved.

 (H) A person convicted of violating this section, whether for a first offense or subsequent offense, must enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services Office of Substance Use Services. The judge must order participation in a DUI victim impact panel including, but not limited to, one operated by an IRS-classified 501(c)(3) nonprofit organization approved by the Office of Substance Use Services, which may include online victim impact panels that may be attended in person or online if approved by the office. The maximum fee for enrollment in the DUI victim impact panel shall not exceed seventy-five dollars subject to annual percentage increases not to exceed increases in the Consumer Price Index as reported by the Department of Labor Statistics, Consumer Price Index for South Carolina after year 2026. An assessment of the extent and nature of the alcohol and drug abuse problem of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant successfully has completed the services. The applicant must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment. A person is considered enrolled after successful submission of his application and payment of fees. The Department of Alcohol and Other Drug Abuse ServicesOffice of Substance Use Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may not exceed five hundred one thousand dollars for education services, twofour thousand dollars for treatment services, and two thousand five hundred five thousand dollars in total for all services for each certified Alcohol and Drug Safety Action Program. The cost for the Alcohol and Drug Safety Action Program is subject to annual percentage increases not to exceed increases in the Consumer Price Index as reported by the Department of Labor Statistics, Consumer Price Index for South Carolina after year 2026. An applicant may not be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining if the applicant has successfully completed services. An applicant who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this community service as a factor in determining if the applicant successfully has completed services. The court must be notified whether an offender failed to enroll in a certified program within thirty days or failed to participate in the plan of education or treatment. The court may hold the individual in contempt of court if the individual cannot show cause as to why no enrollment occurred within the mandated thirty days or why no progress has been made on the plan of education or treatment.

Amend the bill further, by deleting SECTION 2 from the bill.

Amend the bill further, SECTION 3, by striking Section 56-5-2933(C) and (H) and inserting:

 (C) The fine for a first offense must not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine. A person who, while driving a vehicle while his alcohol concentration is eight one-hundreths of one percent or more and while driving a vehicle did any act forbidden by law or neglected any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately cause a collision that resulted in bodily injury and occurred while the person was driving in violation of this section, is guilty of the offense of driving with an unlawful alcohol concentration, third degree, and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished by a fine not less than two thousand one hundred dollars nor more than five thousand one hundred dollars and imprisonment not more than one year. A person who suffers a personal or financial injury because of a violation of the provisions of the section is considered the victim of the person convicted of the violation and must be afforded all rights enumerated in the Victim's Bill of Rights in the South Carolina Constitution, Article I, Section 24, including but not limited to, reasonable access to all documents relating to the investigation. Reserved.

 (H) A person convicted of violating this section, whether for a first offense or subsequent offense, must enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services Office of Substance Use Services, and the. The judge must order participation in a DUI victim impact panel including, but not limited to, one operated by an IRS-classified 501(c)(3) nonprofit organization approved by the Office of Substance Use Services, which may include online victim impact panelsthat may be attended in person or online if approved by the office. The maximum fee for enrollment in the DUI victim impact panel shall not exceed seventy-five dollars. An assessment of the extent and nature of the alcohol and drug abuse problem of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant successfully has completed the services. The applicant must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment. A person is to be considered enrolled after successful submission of his application and payment of fees.The Department of Alcohol and Other Drug Abuse Services Office of Substance Use Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may not exceed five hundred one thousand dollars for education services, two four thousand dollars for treatment services, and two thousand five hundred five thousand dollars in total for all services for each certified Alcohol and Drug Safety Action Program. The cost for the Alcohol and Drug Safety Action Program is subject to annual percentage increases not to exceed increases in the Consumer Price Index as reported by the Department of Labor Statistics, Consumer Price Index for South Carolina after 2026. The maximum fee for enrollment in the DUI victim impact panel shall not exceed seventy-five dollars subject to annual percentage increases not to exceed increases in the Consumer Price Index as reported by the Department of Labor Statistics, Consumer Price Index for South Carolina after year 2026. An applicant may not be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining if the applicant successfully has completed services. An applicant who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this community service as a factor in determining if the applicant successfully has completed services. The court must be notified whether an offender failed to enroll in a certified program within thirty days or failed to participate in the plan of education or treatment. The court may hold the individual in contempt of court if the individual cannot show cause as to why no enrollment occurred within the mandated thirty days or why no progress has been made on the plan of education or treatment.

Amend the bill further, by deleting SECTIONS 4 and 5 from the bill.

Amend the bill further, SECTION 6, by striking Section 56-5-2941(A)(1) and inserting:

(1) The Department of Motor Vehicles shall require a person who is convicted of violating the provisions of Sections 56-5-2930, 56-5-2933, 56-5-2945, 56-5-2947 except if the conviction was for Section 56-5-750, or a law of another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs, or who is issued a temporary alcohol license pursuant to Section 56-1-286 or 56-5-2951, to have installed on any motor vehicle the person drives, except a moped or motorcycle, an ignition interlock device designed to prevent driving of the motor vehicle if the person has consumed alcoholic beverages. This requirement shall not apply to a person who submitted to a breath test pursuant to Section 56-5-2950 and had an alcohol concentration of .00less than five one-hundredths of one percent.

Amend the bill further, SECTION 6, by striking Section 56-5-2941(A)(5) and inserting:

  (5) Nothing in this section shall be construed to require installation of an ignition interlock device until the suspension is upheld at a contested case hearing or the contested hearing is waived.

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

SECTION X. Section 56-5-2941(Q) of the S.C. Code is amended to read:

 (Q) Only ignition interlock devices certified by the Department of Probation, Parole and Pardon Services may be used to fulfill the requirements of this section.
  (1) The Department of Probation, Parole and Pardon Services shall certify whether a device meets the accuracy requirements and specifications provided in guidelines or regulations adopted by the National Highway Traffic Safety Administration, as amended from time to time. Manufacturers of ignition interlock devices shall apply to the Department of Probation, Parole and Pardon Services for certification of devices provided to South Carolina drivers who are subject to the ignition interlock restriction. The Department of Probation, Parole and Pardon Services may charge an initial annual fee on the manufacturer's application for certification of each device, and a subsequent fee for every year the manufacturer continues to provide the certified device to South Carolina drivers. This fee shall be remitted to the Ignition Interlock Device Fund for use by the Department of Probation, Parole and Pardon Services in support of the Ignition Interlock Device Program.
  (2) All devices certified to be used in South Carolina must be set to prohibit the starting of a motor vehicle when an alcohol concentration of two one-hundredths of one percent or more is measured and all running retests must record violations of an alcohol concentration of two one-hundredths of one percent or more, and must capture a photographic image of the driver as the driver is operating the ignition interlock device. The photographic images recorded by the ignition interlock device may be used by the Department of Probation, Parole and Pardon Services to aid in the Department of Probation, Parole and Pardon Services' management of the Ignition Interlock Device Program; however, neither the Department of Probation, Parole and Pardon Services, the Department of Probation, Parole and Pardon Services' employees, nor any other political subdivision of this State may be held liable for any injury caused by a driver or other person who operates a motor vehicle after the use or attempted use of an ignition interlock device.
  (3) The Department of Probation, Parole and Pardon Services shall maintain a current list of certified ignition interlock devices and manufacturers. The list must be updated at least quarterly. If a particular certified device fails to continue to meet federal requirements, the device must be decertified, may not be used until it is compliant with federal requirements, and must be replaced with a device that meets federal requirements. The cost for removal and replacement must be borne by the manufacturer of the noncertified device.
  (4) Only ignition interlock installers certified by the Department of Probation, Parole and Pardon Services may install and service ignition interlock devices required pursuant to this section. The Department of Probation, Parole and Pardon Services shall maintain a current list of vendors that are certified to install the devices.
  (5) A person from another state subject to an ignition interlock device requirement of this State may satisfy the ignition interlock requirement by installing a device in any other state so long as the out-of-state ignition interlock installer is certified by the Department of Probation, Parole and Pardon Services. The person shall comply with all provisions of this section except that the person shall not be required to have the device installed or inspected in South Carolina or obtain a South Carolina ignition interlock restricted license. The person's privilege to drive in South Carolina shall not be suspended so long as the person from another state is otherwise in compliance with this section.

Amend the bill further, SECTION 8, by striking Section 56-5-2945(A) and inserting:

 (A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes moderate bodily injury to another person or damage to real or personal property of another valued at over twenty-five thousand dollars, is guilty of the offense of felony driving under the influence, second degree, and, upon conviction, must be punished by a mandatory fine of not less than three thousand dollars nor more than six thousand dollars and mandatory imprisonment for not less than ninety days nor more than tenfive years.

Amend the bill further, SECTION 9, by striking Section 56-5-2947(D)(1) and inserting:

(1) In addition to imposing the penalties for offenses listed in subsection (A)(1) and the penalties contained in subsection (B), the Department of Motor Vehicles shall suspend the person's driver's license for sixty days upon conviction under subsection (A)(1)(a). Upon conviction under subsection (A)(1)(b) through (d)(f), the Department of Motor Vehicles shall suspend the person's driver's license.

Amend the bill further, by striking SECTION 10 and inserting:

SECTION X. Section 56-5-2950 of the S.C. Code is amended to read:

 Section 56-5-2950. (A) A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of the person's breath,or blood, or urine for the purpose of determining the presence of alcohol, drugs, or the combination of alcohol and drugs, if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of alcohol and drugs. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because the person has an injured mouth, is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable suspicionprobable cause 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 orderrequest that a urineblood sample be taken for testing. Probable cause for blood testing may only arise if the determination is made by an officer who is a certified Drug Recognition Expert. A breath sample taken for testing must be collected within two hours of the arrest. Any additional tests to collect other samples must be collected within three hours of the arrest. The breath test must be administered by a person trained and certified by the South Carolina Criminal Justice Academy, pursuant to SLED policies. Before the breath test is administered, an eight one-hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.076 percent and 0.084 percent. Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. Blood and urine samples must be obtained and handled in accordance with procedures approved by SLED.
 (B) No tests may be administered or samples obtained unless, upon activation of the video recording equipment and prior to the commencement of the testing procedure, the person has been given a written copy of and verbally informed that:
  (1) the person does not have to take the test or give the samples, but that the person's privilege to drive must be suspended or denied for at least sixnine months with the option of ending the suspension if the person enrolls in the Ignition Interlock Device Program, if the person refuses to submit to the test, and that the person's refusal may be used against the person in court;
  (2) the person's privilege to drive must be suspended for at least one monththree months with the option of ending the suspension if the person enrolls in the Ignition Interlock Device Program, if the person takes the test or gives the samples and has an alcohol concentration of fifteen one-hundredths of one percent or more;
  (3) the person has the right to have a qualified person of the person's own choosing conduct additional independent tests at the person's expense;
  (4) the person has the right to request a contested case hearing within thirty days of the issuance of the notice of suspension; and
  (5) if the person does not request a contested case hearing or if the person's suspension is upheld at the contested case hearing, the person shall enroll in an Alcohol and Drug Safety Action Program.
 (C) A hospital, physician, qualified technician, chemist, or registered nurse 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. If the arresting officer serves a valid search warrant for the collection of samples pursuant to this section on a licensed medical facility, then the facility must comply with the warrant.
 (D) The person tested or giving samples for testing may have a qualified person of the person's own choosing conduct additional tests at the person's expense and must be notified in writing of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer.
 (E) The arresting officer shall provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance, at a minimum, includes providing transportation for the person to the nearest medical facility which performs blood tests to determine a person's alcohol concentration. If the medical facility obtains the blood sample but refuses or fails to test the blood sample to determine the person's alcohol concentration, SLED shall test the blood sample and provide the result to the person and to the arresting officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in a judicial or administrative proceeding.
 SLED shall administer the provisions of this subsection and shall make regulations necessary to carry out this subsection's provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the state's general fund. However, if the person is subsequently convicted of violating Section 56-5-2930, 56-5-2933, or 56-5-2945, then, upon conviction, the person shall pay twenty-five dollars for the costs of the tests. The twenty-five dollars must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the breath testing devices, breath testing site video program, and toxicology laboratory.
 (F) A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.
 (G) In the criminal prosecution for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 the alcohol concentration at the time of the test, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following:
  (1) if the alcohol concentration was at that time five one-hundredths of one percent or less, it is conclusively presumed that the person was not under the influence of alcohol;
  (2) if the alcohol concentration was at that time in excess of five one-hundredths of one percent but less than eight one-hundredths of one percent, this fact does not give rise to any inference that the person was or was not under the influence of alcohol, but this fact may be considered with other evidence in determining the guilt or innocence of the person; or
  (3) if the alcohol concentration was at that time eight one-hundredths of one percent or more, it may be inferred that the person was under the influence of alcohol.
 The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of alcohol and drugs.
 (H) A person who is unconscious or otherwise in a condition rendering the person incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (A) of this section.
 (I) A person required to submit to tests by the arresting law enforcement officer must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any trial or other proceeding in which the results of the tests are used as evidence. A person who obtains additional tests shall furnish a copy of the time, method, and results of such tests to the officer before a trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence.
 (J) Policies, procedures, and regulations promulgated by SLED may be reviewed by the trial judge or hearing officer on motion of either party. The failure to follow policies, procedures, and regulations, or the provisions of this section, shall result in the exclusion from evidence of any test results, if the trial judge or hearing officer finds that this failure materially affected the accuracy or reliability of the test results or the fairness of the testing procedure and the court trial judge or hearing officer rules specifically as to the manner in which the failure materially affected the accuracy or reliability of the test results or the fairness of the procedure.
 (K) If a state employee charged with the maintenance of breath testing devices in this State and the administration of breath testing policy is required to testify at a contested case hearing or court proceeding, the entity employing the witness may charge a reasonable fee to the defendant for such services.

Amend the bill further, SECTION 11, by striking Section 56-5-2951(B)(1)(c) and inserting:

   (c) obtain a temporary alcohol license with an ignition interlock device restriction pursuant to Section 56-1-400 from the Department of Motor Vehicles. Notwithstanding another provision of law, a person who is charged with an offense contained in subsection (A) and it is a second or subsequent offenses as defined in subsection (I)(2) must enroll in the Ignition interlock Device Program pending the outcome of the contested case hearing. A one hundred dollar fee must be assessed for obtaining a temporary alcohol license and such fee must be held in trust by the Department of Motor Vehicles until final disposition of any contested case hearing. If a final disposition of the matter has not occurred within ninety days of the request of the contested case hearing, the Department of Motor Vehicles shall remove the ignition interlock device restriction pending the final disposition of the contested case hearing. If the person asks for a continuance which delays the hearing, the ignition interlock device restriction shall be extended for an additional ninety days. Should the temporary suspension provided for in this subsection be upheld during the contested case hearing, twenty-five dollars of the fee must be distributed by the Department of Motor Vehicles to the Department of Public Safety for supplying and maintaining all necessary vehicle videotaping equipment, while the remaining seventy-five dollars must be placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167. The temporary alcohol license allows the person to drive without any restrictive conditions pending the outcome of the contested case hearing provided for in subsection (F), this section, or the final decision or disposition of the matter. If the suspension is upheld at the contested case hearing, the temporary alcohol license remains in effect until the Office of Motor Vehicle Hearings issues the hearing officer's decision and the Department of Motor Vehicles sends notice to the person pursuant to subsection (H).
   (d) Failure by the person to submit the notice of suspension with a hearing request under this section and Section 56-5-2951 shall not prevent the Office of Motor Vehicle Hearings from scheduling a hearing if the person submits with a written hearing request an affidavit of the person stating:
    (i) the date of the offense;
    (ii) the person's name and driver's license number and state of origin;
    (iii) the reason why the notice of suspension was not available for submission; and
    (iv) the name of the agency, arresting officer, and county of arrest.
   (e) The administrative hearing officer may not sustain a suspension solely on the basis that the person lost the notice of suspension or if the person did not receive the notice of suspension from the arresting officer. A person who complies with this section may obtain a temporary alcohol license pursuant to Section 56-5-2951(B).

Amend the bill further, SECTION 11, by striking Section 56-5-2951(E)(2) and inserting:

  (2) Following the advisement, the arresting officer must electronically submit the notice to the Department of Motor Vehicles. The suspension begins upon the electronic submissionissuance of the notice of suspension to the person arrested. The arresting officer is not required to confiscate the person's driver's license. The person is not required to return the license to the Department of Motor Vehicles.

Amend the bill further, SECTION 11, by striking Section 56-5-2951(F)(3) and inserting:

  (3) A written order must be issued to all parties either reversing or upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit. If the suspension is upheld, the person must receive credit for the number of days the person's license was suspended before the person received a temporary alcohol license and requested the contested case hearing and must receive credit for the number of days, if any, the person maintained an ignition interlock restriction on the temporary alcohol license, if any, the person maintained an ignition interlock restriction on the temporary alcohol license.

Amend the bill further, SECTION 11, by striking Section 56-5-2951(I)(1)(a) and (b) and inserting:

   (a) six months one year nine months for a person who refuses to submit to a test pursuant to Section 56-5-2950; or
   (b) one month twothree months for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.

Amend the bill further, SECTION 11, by striking Section 56-5-2951(I)(2)(a), (b), and (c) and inserting:

   (a) for a second offense, nine months two yearsone year if the person refuses to submit to a test pursuant to Section 56-5-2950, or two foursix months if the person takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more;
   (b) for a third offense, twelve months threetwo years if the person refuses to submit to a test pursuant to Section 56-5-2950, or three sixnine months if the person takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more; and
   (c) for a fourth or subsequent offense, fifteen months fourthree years if the person refuses to submit to a test pursuant to Section 56-5-2950, or four eight monthsone year if the person takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.

Amend the bill further, by striking SECTION 12 and inserting:

SECTION X. Section 56-5-2953 of the S.C. Code is amended to read:

 Section 56-5-2953. (A) A person who violates Section 56-5-2930, 56-5-2933, or 56-5-2945 must have his conduct at the incident site and the breath test site video recorded.
  (1)(a) The video Video recording at the incident site must:
    (i) not begin later than the activation of the officer's blue lights;
    (ii) include any field sobriety tests or drug recognition examinations administered; 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 showreasonably document the person being advised of his Miranda rights.
   (b) A refusal to take a field sobriety test does not constitute disobeying a police command.
  (2) The video recording at the breath test site must:
   (a) include the entire breath test procedure, the person being informed that he is being video recorded, and that he has the right to refuse the test;
   (b) include the person taking or refusing the breath test and the actions of the breath test operator or sample collector while conducting the test; and
   (c) also include the person's conduct during the required twenty-minute pre-test pre-breath test waiting period if a breath test is administered, unless the officer submits a sworn affidavit certifying that it was physically impossible to video record this waiting period.
  (3) The video recordings of the incident site, and of 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.
 (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. 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 Section 56-5-2930, 56-5-2933, or 56-5-2945 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 blocks, 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. 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 video recording 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.
  (2) The court must view all relevant portions of any video recordings before making any ruling under this section.
 (C) A video recording must not be disposed of in any manner except for its transfer to a master recording for consolidation purposes until the results of any legal proceeding in which it may be involved are finally determined.
 (D) SLED is responsible for purchasing, maintaining, and supplying all necessary video recording equipment for use at the breath test sites. SLED also is responsible for monitoring all breath test sites to ensure the proper maintenance of video recording equipment. The Department of Public Safety is responsible for purchasing, maintaining, and supplying all videotaping equipment for use in all law enforcement vehicles used for traffic enforcement. The Department of Public Safety also is responsible for monitoring all law enforcement vehicles used for traffic enforcement to ensure proper maintenance of video recording equipment.
 (E) Beginning one month from the effective date of this section, all of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to equip all breath test sites with video recording devices and supplies. Once all breath test sites have been equipped fully with video recording devices and supplies, eighty-seven and one-half percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by the Department of Public Safety to purchase, maintain, and supply video recording equipment for vehicles used for traffic enforcement. The remaining twelve and one-half percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to purchase, maintain, and supply video recording equipment for the breath test sites. Funds must be distributed by the State Treasurer to the Department of Public Safety and SLED on a monthly basis. The Department of Public Safety and SLED are authorized to carry forward any unexpended funds received in accordance with Section 14-1-208(C)(9) as of June thirtieth of each year and to expend these carried forward funds for the purchase, maintenance, and supply of video recording equipment. The Department of Public Safety and SLED must report the revenue received under this section and the expenditures for which the revenue was used as required in the department's and SLED's annual appropriation request to the General Assembly.
 (F) The Department of Public Safety and SLED must promulgate regulations necessary to implement the provisions of this section.
 (G) The provisions contained in Section 56-5-2953(A), (B), and (C) take effect for each law enforcement vehicle used for traffic enforcement once the law enforcement vehicle is equipped with a video recording device. The provisions contained in Section 56-5-2953(A), (B), and (C) take effect for a breath test site once the breath test site is equipped with a video recording device.

Amend the bill further, SECTION 13, by deleting Section 56-5-2920(E) from the bill.

Amend the bill further, SECTION 14, by striking Section 56-5-2960(A) and inserting:

 (A) As used in this section:,
  (1) "disabled" means a legal disability as is measured by functional inabilities; and includes inabilities caused by psychological, psychiatric, or stress-related trauma, and refers to any person seventeen years of age or older who is unable to make informed decisions with respect to his or her personal affairs to the extent that he or she lacks the capacity to provide for his or her physical health and safety or the physical health and safety of a minor child including, but not limited to, healthcare, food, shelter, clothing, or personal hygiene; and
  (2) "totally and permanently disabled" means the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months; and includes a finding of permanent total disability by the Social Security Administration that a person is disabled and qualifies for benefits or a finding by an administrative law judge.

Amend the bill further, SECTION 14, by striking Section 56-5-2960(B)(1) and inserting:

 (B)(1) If a defendant is convicted of a violation of Section 56-5-2945(B) and the violation caused the death of a parent or guardian of a minor child or dependent or resulted in a finding by the court that a parent or guardian of a minor child or dependent is disabled or totally and permanently disabled, then the sentencing court may order the defendant to pay restitution in the form of financial support for the child or dependent to each child or dependent of the victim for the duration of any probationary sentence and/or community supervision until the child or dependent reaches eighteen years of age, or nineteen years of age if the child or dependent is still enrolled in high school.

Amend the bill further, SECTION 14, by striking Section 56-5-2960(C)(2) and inserting:

  (2) If the court orders the defendant to pay restitution to financially support the child or dependent under this section and the surviving parent or guardian subsequently brings a civil action and obtains a judgment or satisfaction of damages, the restitution order shall be offset by the amount of the judgment awarded or satisfaction of damages and paid by the defendant or the defendant's insurance for lost wages or permanent impairment of the power to work and earn money in the civil action.

Amend the bill further, SECTION 15, by striking Section 56-5-2990(C) and inserting:

 (C) The Office of Substance Use Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each person shall bear the cost of services recommended in the person's plan of education or treatment. The cost may not exceed five hundred one thousand dollars for education services, two four thousand dollars for treatment services, and two thousand five hundred five thousand dollars in total for all services. No person may be denied services due to an inability to pay. The cost for the Alcohol and Drug Safety Action Program is subject to the annual percentage increases not to exceed increases in the Consumer Price Index as reported by the Department of Labor Statistics, Consumer Price Index for South Carolina after year 2026. Inability to pay for services may not be used as a factor in determining if the person has successfully completed services. A person who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this community service as a factor in determining if the person has successfully completed services. The Office of Substance Use Services shall report annually to the House Ways and Means Committee and Senate Finance Committee on the number of first and multiple offenders completing the Alcohol and Drug Safety Action Program, the amount of fees collected and expenses incurred by each Alcohol and Drug Safety Action Program, and the number of community service hours performed in lieu of payment.

Amend the bill further, SECTION 16, by striking Section 56-1-286(L)(1)(c) and inserting:

   (c) obtain a temporary alcohol license with an ignition interlock restriction pursuant to Section 56-1-400 from the Department of Motor Vehicles. A one hundred dollar fee must be assessed for obtaining a temporary alcohol license. Twenty-five dollars of the fee must be distributed to the Department of Public Safety for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167. The temporary alcohol license allows the person to drive a motor vehicle pending the outcome of the contested case hearing provided for in this section or the final decision or disposition of the matter.

Amend the bill further, SECTION 16, by striking Section 56-1-286 (L)(2) and inserting:

  (2) The ignition interlock restriction must be maintained on the temporary alcohol license for three months. If the contested case hearing has not reached a final disposition by the time the ignition interlock restriction has been removed, then the person can obtain a temporary alcohol license without an ignition interlock restriction.

Amend the bill further, SECTION 16, by striking Section 56-1-286(L)(3) and inserting:

  (3)(2) At the contested case hearing, if:
   (a) the suspension is upheld, the person shall enroll in an Alcohol and Drug Safety Action Program and the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension periods provided for in subsections (F) and (G); andor
   (b) the person must enroll in the Ignition Device Program pursuant to Section 56-5-2941 the suspension is overturned, the person's driver's license, permit, or nonresident operating privilege must be reinstated.

Amend the bill further, by deleting SECTIONS 17 and 18 from the bill.

Amend the bill further, by striking SECTION 23 and inserting:

SECTION 23. 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.

Amend the bill further, SECTION 24, by striking Section 16-1-60 and inserting:

 Section 16-1-60. (A) For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10); attempted murder (Section 16-3-29); assault and battery by mob, first degree, resulting in death (Section 16-3-210(B)), criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first, second, and third degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); assault and battery of a high and aggravated nature (Section 16-3-600(B)); kidnapping (Section 16-3-910); trafficking in persons (Section 16-3-2020); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C); manufacturing or trafficking methamphetamine as defined in Section 44-53-375; arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); domestic violence of a high and aggravated nature (Section 16-25-65); domestic violence in the first degree (Section 16-25-20(B)); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); taking of a hostage by an inmate (Section 24-13-450); detonating a destructive device upon the capitol grounds resulting in death with malice (Section 10-11-325(B)(1)); spousal sexual battery (Section 16-3-615); producing, directing, or promoting sexual performance by a child (Section 16-3-820); sexual exploitation of a minor first degree (Section 16-15-395); sexual exploitation of a minor second degree (Section 16-15-405); promoting prostitution of a minor (Section 16-15-415); participating in prostitution of a minor (Section 16-15-425); aggravated voyeurism (Section 16-17-470(C)); detonating a destructive device resulting in death with malice (Section 16-23-720(A)(1)); detonating a destructive device resulting in death without malice (Section 16-23-720(A)(2)); boating under the influence resulting in death (Section 50-21-113(A)(2)); vessel operator's failure to render assistance resulting in death (Section 50-21-130(A)(3)); damaging an airport facility or removing equipment resulting in death (Section 55-1-30(3)); failure to stop when signaled by a law enforcement vehicle resulting in death (Section 56-5-750(C)(2)); interference with traffic-control devices, railroad signs, or signals resulting in death (Section 56-5-1030(B)(3)); hit and run resulting in death (Section 56-5-1210(A)(3)); felony driving under the influence or felony driving with an unlawful alcohol concentration resulting in death (Section 56-5-2945(A)(B)(2)); putting destructive or injurious materials on a highway resulting in death (Section 57-7-20(D)); obstruction of a railroad resulting in death (Section 58-17-4090); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses.
 (B) At the time of sentencing for a conviction of Section 50-21-113(A)(2) or Section 56-5-2945(B)(2), the judge may suspend the designation of violent offense and must include findings on the record documenting the departure from Section 16-1-60(A) for this conviction. The Department of Corrections may allow the person to participate in work programs, education, and rehabilitation that he would not otherwise be eligible for due to the conviction for Section 50-21-113(A)(2) or Section 56-5-2945(B)(2). However, the person shall not accumulate credit for time for his participation. The judge may not order a departure if the person has additional convictions before the judge that are violent offenses. For a person serving an active sentence as of the effective date of this subsection, the person may petition the circuit court where the conviction occurred to remove the designation of violent offense from his record, provided the victim's family consents and the only violent offense on his record is Section 50-21-113(A)(2) or Section 56-5-2945(B)(2). The person must petition the court prior to his release.

Amend the bill further, by striking SECTION 25 and inserting:

SECTION X. The Office of Substance Use Services and the Department of Motor Vehicles shall each conduct a study on the feasibility and costs of the creation of education materials that emphasize the impact of driving privileges and other consequences resulting from driving under the influence and driving while distracted. The Office and Department may consider the structure and curriculum of victim impact panels when considering feasibility. The feasibility and costs associated with video material that is between thirty minutes and one hour in length must be considered. These materials would be designed for teenage drivers and recommended as components of the driver's education requirements found in Section 56-1-175 and Section 56-1-180. To the extent able, the reports must include findings of whether such materials, video or otherwise, would have a benefit on public safety, and whether any requirements should be imposed on all applicants for driver's licenses or only those of a particular age. The Office of Substance Use Services and the Department of Motor Vehicles must issue reports on their findings to the President of the Senate, the Speaker of the House, and the Governor no later than June 30, 2027.

SECTION X.A. Section 22-5-910 of the S.C. Code is amended to read:

 Section 22-5-910. (A) Following a conviction for a crime carrying a penalty of not more than thirty days imprisonment or a fine of one thousand dollars, or both, or a first offense for unlawful possession of a firearm or weapon carrying a penalty of not more than one year or a fine of one thousand dollars, or both, the defendant after three years from the date of the conviction, including a conviction in magistrates or general sessions court, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant. However, this section does not apply to an offense involving the operation of a motor vehicle.
 (B) Following a conviction for domestic violence in the third degree pursuant to Section 16-25-20(D), or Section 16-25-20(B)(1) as it existed before June 4, 2015, the defendant after five years from the date of the conviction, including a conviction in magistrates or general sessions court, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant.
 (C) Following a conviction for driving under the influence pursuant to Section 56-5-2930(A) or driving with an unlawful alcohol concentration pursuant to 56-5-2933(A), the defendant after ten years from the offense date of the conviction, including a conviction in magistrate or general sessions court, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant.
 (C)(D) If the defendant has had no other conviction, including out-of-state convictions, during the three-year period as provided in subsection (A), or during the five-year period as provided in subsection (B), or during the ten-year period as provided in subsection (C),the circuit court may issue an order expunging the records including any associated bench warrant.
 (D)(E) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release pursuant to Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
 (E)(F) As used in this section, "conviction" includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail. For the purpose of this section, any number of offenses listed pursuant to subsection (A), for which the individual received sentences at a single sentencing proceeding that are closely connected and arose out of the same incident may be considered as one offense and treated as one conviction for expungement purposes.
 (F)(G) No person may have the person's record expunged under this section if the person has pending criminal charges of any kind unless the charges have been pending for more than five years; or more than ten years if the charge is pursuant to Section 56-5-2930(A) or Section 56-5-2933(A), however, this five-year, or ten-year, time period is tolled for any time the defendant has been under a bench warrant for failure to appear. No person may have the person's records expunged under this section more than once. A person may have the person's record expunged even though the conviction occurred before the effective date of this section.

B. Section 22-5-920 of the S.C. Code is amended to read:

 Section 22-5-920. (A) As used in this section, "conviction" includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail. For the purpose of this section, any number of offenses for which the individual received a youthful offender sentence at a single sentencing proceeding for offenses that are closely connected and arose out of the same incident may be considered as one offense and treated as one conviction for expungement purposes.
 (B)(1) Following a first offense conviction as a youthful offender for which a defendant is sentenced pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, the defendant, who has not been convicted of any offense, including an out-of-state offense, but not including a conviction for driving under suspension or a conviction for disturbing schools as provided for in Section 16-17-420 before May 17, 2018, while serving the youthful offender sentence, including probation and parole, and for a period of five years from the date of completion of the defendant's sentence, including probation and parole, may apply, or cause someone acting on the defendant's behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction.
  (2) However, this section does not apply to:
   (a) an offense involving the operation of a motor vehicle;
   (b)(a) an offense classified as a violent crime in Section 16-1-60;
   (c)(b) an offense contained in Chapter 25, Title 16, except as otherwise provided in Section 16-25-30; or
   (d)(c) an offense for which the individual is required to register in accordance with the South Carolina Sex Offender Registry Act.
  (3) If the defendant has had no other conviction, to include out-of-state convictions, but to not include a conviction for driving under suspension or a conviction for disturbing schools as provided for in Section 16-17-420 before May 17, 2018, during the service of the youthful offender sentence, including probation and parole, and during the five-year period following completion of the defendant's sentence, including probation and parole, for a first offense conviction as a youthful offender for which the defendant was sentenced pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, the circuit court may issue an order expunging the records. No person may have the person's records expunged under this section more than once. A person may have the person's record expunged even though the conviction occurred before the effective date of this section. A person eligible for a sentence pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, and who is not sentenced pursuant to those provisions, is not eligible to have the person's record expunged pursuant to the provisions of this section; however, a person who was convicted prior to June 2, 2010, and was a youthful offender as that term is defined in Section 24-19-10(d) is eligible to have his record expunged pursuant to the provisions of this section.
 (C) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or another provision of law, except to those authorized law enforcement or court officials who need this information in order to prevent the rights afforded by this section from being taken advantage of more than once.

Amend the bill further, by striking SECTION 29 and inserting:

SECTION 29. This act takes effect uponone year after approval by the Governor, except for SECTIONS 6, 8, 9, 10, 11, 13, 16, and 17, which take effect on December 31, 2026.

Renumber sections to conform.

Amend title to conform.