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Session 113 - (1999-2000)Printer Friendly
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S*0544 (Rat #0442, Act #0390 of 2000) General Bill, By Hayes, J.V. Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman
Similar (H 3673)
Summary: DUI Per Se, driving with unlawful alcohol concentration; Transportation Department, Traffic, Motor Vehicles, Breath test
A BILL TO AMEND SECTION 14-1-211, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETENTION OF CERTAIN SURCHARGES COLLECTED BY A COURT TO BE USED TO PROVIDE SERVICES TO CRIME VICTIMS, SO AS TO IMPOSE A SURCHARGE ON A PERSON CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND USE THE REVENUE COLLECTED PURSUANT TO THE SURCHARGE TO PROVIDE SERVICES FOR VICTIMS OF CRIME, TO IMPOSE AN ADDITIONAL SURCHARGE ON A PERSON CONVICTED OF DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER DRUG OR SUBSTANCE, AND ON A PERSON CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND USE THE REVENUE COLLECTED PURSUANT TO THIS SURCHARGE TO FUND SPINAL CORD RESEARCH BY THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND OPERATING AND ADMINISTRATIVE COSTS INCURRED BY MUNICIPAL AND COUNTY GOVERNMENTS RELATED TO THE COLLECTION OF THESE SURCHARGES, AND TO PROVIDE THAT A REPORT DETAILING THE USE OF REVENUES COLLECTED PURSUANT TO THESE SURCHARGES MUST BE FURNISHED TO THE GENERAL ASSEMBLY ON AN ANNUAL BASIS; TO AMEND CHAPTER 38, TITLE 44, RELATING TO HEAD AND SPINAL CORD INJURIES, BY ADDING ARTICLE 5, SO AS TO CREATE THE SPINAL CORD RESEARCH BOARD FOR THE PURPOSE OF ADMINISTERING THE SPINAL CORD RESEARCH FUND WHICH REVENUES ARE GENERATED PURSUANT TO A SURCHARGE IMPOSED UPON PERSONS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, AND TO PROVIDE FOR THE BOARD'S COMPOSITION, APPOINTMENT OF ITS MEMBERS, MEMBERS' TERMS OF SERVICE, ELECTION OF OFFICERS, MEETING DATES, LIABILITY FOR LOSSES SUSTAINED OR DAMAGES SUFFERED ON ACCOUNT OF AN ACTION OR INACTION OF THE BOARD, COMPENSATION, DUTIES, AND RESPONSIBILITIES; TO AMEND SECTION 56-1-286 RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND HAS A CERTAIN ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT A PERSON WHO PREVIOUSLY WAS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION WITHIN A CERTAIN PERIOD OF TIME WHO REFUSES TO SUBMIT TO CHEMICAL TESTS UNDER CERTAIN CIRCUMSTANCES MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE SUSPENDED OR DENIED FOR ONE YEAR, TO PROVIDE THAT IF A PERSON WHO PREVIOUSLY WAS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION WITHIN A CERTAIN PERIOD OF TIME AND REGISTERS AN ALCOHOL CONCENTRATION OF TWO-HUNDREDTHS OF ONE PERCENT OR MORE MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE SUSPENDED OR DENIED FOR SIX MONTHS, TO PROVIDE THAT A PERSON WHOSE PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED UNDER THESE CIRCUMSTANCES MUST HAVE THIS PRIVILEGE RESTORED ONCE THE SUSPENSION PERIOD IS CONCLUDED EVEN IF HE HAS NOT COMPLETED THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM IN WHICH HE IS ENROLLED AND WHICH MUST BE COMPLETED FOR HIM TO MAINTAIN HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE, TO PROVIDE THAT A PERSON MUST BE ATTENDING OR HAVE COMPLETED AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM UNDER CERTAIN CIRCUMSTANCES BEFORE HIS DRIVING PRIVILEGES MAY BE RESTORED AT THE CONCLUSION OF THE SUSPENSION PERIOD, TO REVISE THE PERIOD FROM TEN TO THIRTY DAYS IN WHICH A PERSON MAY REQUEST AN ADMINISTRATIVE HEARING AND ENROLL IN AN ALCOHOL SAFETY ACTION PROGRAM, OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE AFTER BEING ISSUED A NOTICE OF SUSPENSION OF HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE, OR BE SUBJECT TO CERTAIN PENALTIES FOR FAILING TO ACT WITHIN THIS PERIOD OF TIME, TO REVISE THE PERIOD FROM TEN DAYS TO THIRTY DAYS IN WHICH AN ADMINISTRATIVE HEARING MUST BE HELD AFTER ONE IS REQUESTED BY A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION OF HIS PRIVILEGE TO OPERATE HIS MOTOR VEHICLE, TO DELETE THE PROVISION THAT ALLOWS A CONTINUANCE TO BE GRANTED FOR AN ADMINISTRATIVE HEARING UPON A SHOWING OF EXIGENT CIRCUMSTANCES, TO PROVIDE THAT IF THE DEPARTMENT OF PUBLIC SAFETY DOES NOT HOLD AN ADMINISTRATIVE HEARING WITHIN THIRTY DAYS, IT MUST ISSUE AN ORDER THAT PROVIDES THE REASONS WHY THE HEARING WAS NOT HELD AND SCHEDULE A NEW HEARING, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT ISSUE A WRITTEN ORDER WITHIN THIRTY DAYS OR FAILS WITHIN THIRTY DAYS TO NOTIFY THE DEFENDANT OF A NEW HEARING DATE, THEN THE PERSON MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE RESTORED, AND TO DELETE A REFERENCE TO THE USE OF DIVISION PROCEDURES IN THE ADMINISTRATION OF TESTS AND THE TAKING OF SAMPLES PURSUANT TO THIS SECTION; TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE TO A PERSON CONVICTED OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO PERSONS CONVICTED OF OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG OR A COMBINATION OF ALCOHOL AND OTHER DRUGS OR SUBSTANCES UNDER SECTION 56-5-2930, AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION UNDER SECTION 56-5-2933; TO AMEND SECTION 56-5-2930, AS AMENDED, RELATING TO THE OPERATING OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF ALCOHOL AND OTHER DRUGS OR SUBSTANCES, SO AS TO MAKE A TECHNICAL CHANGE; BY ADDING SECTION 56-5-2933 SO AS TO ESTABLISH THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND PROVIDE PROCEDURES FOR THE PROSECUTION AND DEFENSE OF A PERSON CHARGED WITH THIS OFFENSE; BY ADDING SECTIONS 56-5-2934 AND 56-5-2935 SO AS TO PROVIDE THAT A PERSON CHARGED WITH OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANY OTHER DRUG OR A COMBINATION OF DRUGS OR SUBSTANCES, DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION OR CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS SHALL HAVE THE RIGHT TO COMPULSORY PROCESS FOR OBTAINING CERTAIN WITNESSES, DOCUMENTS, OR BOTH, TO PROVIDE THAT AT THE TIME OF AN ARREST FOR THESE OFFENSES, THE ARRESTING OFFICER MUST INFORM THE DEFENDANT OF HIS RIGHT TO ALL HEARINGS PROVIDED BY LAW AND PROVIDE HIM WITH THE APPROPRIATE FORM TO REQUEST THE HEARINGS, AND TO PROVIDE THAT A PERSON CHARGED WITH ONE OF THESE OFFENSES HAS THE RIGHT TO A SPEEDY AND PUBLIC TRIAL BY AN IMPARTIAL JURY; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND TO MAKE TECHNICAL CHANGES; BY ADDING SECTION 56-5-2941 SO AS TO PROVIDE THAT IN ADDITION TO THE PENALTIES IMPOSED ON A PERSON WHO OPERATES A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, OR WHO CAUSES GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO PROVIDE THAT THE COURT MAY REQUIRE THE PERSON TO HAVE INSTALLED ON THE VEHICLE HE WAS OPERATING UNDER CERTAIN CIRCUMSTANCES AN IGNITION INTERLOCKS DEVICE DESIGNED TO PREVENT THE OPERATION OF THE MOTOR VEHICLE IF THE OPERATOR HAS CONSUMED ALCOHOLIC BEVERAGES, AND PROVIDE THE CONDITIONS UPON WHICH THE DEVICE MUST BE INSTALLED AND OPERATED; BY ADDING SECTION 56-5-2949 SO AS TO PROVIDE THAT ANY SOUTH CAROLINA LAW ENFORCEMENT DIVISION POLICY, PROCEDURE, OR REGULATION RELATING TO BREATH ALCOHOL TESTING, BREATH SITE VIDEOTAPING, OR IGNITION INTERLOCKS IN EFFECT AFTER A CERTAIN DATE BE PUBLICLY ACCESSIBLE ON THE AGENCY'S INTERNET WEBSITE, AND TO PROVIDE A PROCEDURE FOR REMOVING THIS INFORMATION FROM THE AGENCY'S WEBSITE; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A MOTOR VEHICLE OPERATOR'S IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF HIS BLOOD, SO AS TO PROVIDE THAT A BREATH TEST MUST BE ADMINISTERED BY A PERSON TRAINED BY THE DEPARTMENT OF PUBLIC SAFETY AND NOT BY SLED PURSUANT TO SLED POLICIES, TO REVISE THE PERIOD OF TIME A PERSON HAS A RIGHT TO REQUEST AN ADMINISTRATIVE HEARING AND ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM FROM TEN TO THIRTY DAYS AFTER THE ISSUANCE OF A NOTICE OF SUSPENSION OF A PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE, TO PROVIDE THAT A PERSON'S REQUEST FOR ADDITIONAL BLOOD OR URINE TESTS IS NOT ADMISSIBLE AGAINST THE PERSON IN A CRIMINAL TRIAL, TO PROVIDE THAT THIS PROVISION APPLIES TO A CRIMINAL PROSECUTION OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, TO PROVIDE THAT IF A PERSON'S ALCOHOL CONCENTRATION WAS AT THE TIME OF A CHEMICAL TEST TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE AND THE ORIGINAL TESTING OF THE PERSON'S BREATH OR COLLECTION OF OTHER BODILY FLUIDS WAS PERFORMED WITHIN TWO HOURS OF THE TIME OF HIS ARREST, THEN THE PERSON IS GUILTY OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSING TO SUBMIT TO TESTING TO DETERMINE WHETHER THE PERSON IS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR THE COMBINATION OF ALCOHOL AND DRUGS, OR FOR HAVING CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT CERTAIN PROVISIONS CONTAINED IN THIS STATUTE APPLY TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, TO REVISE FROM TEN DAYS TO THIRTY DAYS THE PERIOD OF TIME IN WHICH A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION UNDER CERTAIN CIRCUMSTANCES MUST ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM, AND PROVIDE THAT A PERSON WHO FAILS TO ENROLL IN THE PROGRAM WITHIN THIRTY DAYS IS SUBJECT TO CERTAIN PENALTIES, TO REVISE FROM TEN DAYS TO THIRTY DAYS THE PERIOD OF TIME IN WHICH A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION MAY OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE AND REQUEST AN ADMINISTRATIVE HEARING, TO PROVIDE THAT THE ADMINISTRATIVE HEARING MUST BE HELD AND NOT SCHEDULED WITHIN THIRTY DAYS OF A REQUEST FOR A HEARING, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ISSUE AN ORDER WITHIN THIRTY DAYS, AND NOT TEN DAYS, IF THE HEARING IS NOT HELD, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT ISSUE AN ORDER WITHIN THIRTY DAYS INSTEAD OF TEN DAYS OR FAILS WITHIN THIRTY DAYS TO NOTIFY THE DEFENDANT OF A NEW HEARING, THEN THE PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE IS REINSTATED, TO DELETE A PROVISION THAT REQUIRES THAT TESTS ADMINISTERED AND SAMPLES OBTAINED TO DETERMINE A PERSON'S ALCOHOL CONCENTRATION MUST COMPLY WITH DIVISION PROCEDURES; TO AMEND SECTION 56-5-2953, RELATING TO INCIDENT SITE AND BREATH SITE VIDEOTAPING OF CERTAIN MOTOR OFFENSES COMMITTED WHILE THE DRIVER WAS UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; BY ADDING SECTION 56-5-2954 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION AND EACH LAW ENFORCEMENT AGENCY WITH A BREATH TESTING SITE MUST MAINTAIN A RECORD OF REPAIRS AND PROBLEMS REGARDING BREATH TESTING DEVICES AT EACH SITE AND PROVIDE THAT THE RECORDS ARE SUBJECT TO COMPULSORY PROCESS ISSUED BY A COURT AND ARE PUBLIC RECORDS; TO AMEND SECTION 56-5-2970, RELATING TO REPORTS OF CERTAIN CONVICTIONS, GUILTY PLEAS, PLEAS OF NOLO CONTENDERE, OR FORFEITURES OF BAILS THAT MUST BE SUBMITTED TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2980, AS AMENDED, RELATING TO CERTAIN REPORTS THAT ARE REQUIRED TO BE FILED WITH THE DEPARTMENT OF PUBLIC SAFETY REGARDING CERTAIN VIOLATIONS OF THE LAW AND WHICH ARE CONSIDERED PRIMA FACIE EVIDENCE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO VIOLATIONS OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN OFFENSES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2995, RELATING TO THE ADDITIONAL ASSESSMENT IMPOSED UPON A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO PROVIDE THAT IF THE ALCOHOL CONCENTRATION LEVEL FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR OTHER INTOXICATING SUBSTANCE OFFENSES CHANGES FROM TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE TO EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE, CERTAIN PROVISIONS RELATING TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION DO NOT APPLY TO ALCOHOL CONCENTRATION LEVELS BETWEEN EIGHT ONE-HUNDREDTHS OF ONE PERCENT UP TO TEN ONE-HUNDREDTHS OF ONE PERCENT, AND, INSTEAD, FOR THIS RANGE THERE IS AN INFERENCE THAT THE PERSON WAS UNDER THE INFLUENCE OF ALCOHOL OR OTHER SUBSTANCES; TO AMEND SECTION 61-4-110, RELATING TO THE UNLAWFUL POSSESSION OF AN OPEN CONTAINER OF BEER OR WINE IN A MOTOR VEHICLE, SO AS TO CHANGE THE TERM "MOVING" TO "MOTOR", TO PROVIDE THAT THIS PROVISION APPLIES TO VEHICLES LOCATED ON THE PUBLIC HIGHWAYS OR HIGHWAY RIGHTS OF WAY OF THIS STATE AND DOES NOT APPLY TO VEHICLES PARKED IN LEGAL PARKING PLACES DURING CERTAIN EVENTS, AND TO PROVIDE A DEFINITION FOR BEER AND WINE; TO AMEND SECTION 61-6-4020, RELATING TO TRANSPORTATION OF ALCOHOLIC LIQUORS IN A MOTOR VEHICLE, SO AS TO PROVIDE A DEFINITION FOR "ALCOHOLIC LIQUORS"; AND TO PROVIDE A SEVERABILITY CLAUSE.-AMENDED TITLE
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Similar (H 3673)
Summary: DUI Per Se, driving with unlawful alcohol concentration; Transportation Department, Traffic, Motor Vehicles, Breath test
A BILL TO AMEND SECTION 14-1-211, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETENTION OF CERTAIN SURCHARGES COLLECTED BY A COURT TO BE USED TO PROVIDE SERVICES TO CRIME VICTIMS, SO AS TO IMPOSE A SURCHARGE ON A PERSON CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND USE THE REVENUE COLLECTED PURSUANT TO THE SURCHARGE TO PROVIDE SERVICES FOR VICTIMS OF CRIME, TO IMPOSE AN ADDITIONAL SURCHARGE ON A PERSON CONVICTED OF DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER DRUG OR SUBSTANCE, AND ON A PERSON CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND USE THE REVENUE COLLECTED PURSUANT TO THIS SURCHARGE TO FUND SPINAL CORD RESEARCH BY THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND OPERATING AND ADMINISTRATIVE COSTS INCURRED BY MUNICIPAL AND COUNTY GOVERNMENTS RELATED TO THE COLLECTION OF THESE SURCHARGES, AND TO PROVIDE THAT A REPORT DETAILING THE USE OF REVENUES COLLECTED PURSUANT TO THESE SURCHARGES MUST BE FURNISHED TO THE GENERAL ASSEMBLY ON AN ANNUAL BASIS; TO AMEND CHAPTER 38, TITLE 44, RELATING TO HEAD AND SPINAL CORD INJURIES, BY ADDING ARTICLE 5, SO AS TO CREATE THE SPINAL CORD RESEARCH BOARD FOR THE PURPOSE OF ADMINISTERING THE SPINAL CORD RESEARCH FUND WHICH REVENUES ARE GENERATED PURSUANT TO A SURCHARGE IMPOSED UPON PERSONS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, AND TO PROVIDE FOR THE BOARD'S COMPOSITION, APPOINTMENT OF ITS MEMBERS, MEMBERS' TERMS OF SERVICE, ELECTION OF OFFICERS, MEETING DATES, LIABILITY FOR LOSSES SUSTAINED OR DAMAGES SUFFERED ON ACCOUNT OF AN ACTION OR INACTION OF THE BOARD, COMPENSATION, DUTIES, AND RESPONSIBILITIES; TO AMEND SECTION 56-1-286 RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND HAS A CERTAIN ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT A PERSON WHO PREVIOUSLY WAS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION WITHIN A CERTAIN PERIOD OF TIME WHO REFUSES TO SUBMIT TO CHEMICAL TESTS UNDER CERTAIN CIRCUMSTANCES MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE SUSPENDED OR DENIED FOR ONE YEAR, TO PROVIDE THAT IF A PERSON WHO PREVIOUSLY WAS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION WITHIN A CERTAIN PERIOD OF TIME AND REGISTERS AN ALCOHOL CONCENTRATION OF TWO-HUNDREDTHS OF ONE PERCENT OR MORE MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE SUSPENDED OR DENIED FOR SIX MONTHS, TO PROVIDE THAT A PERSON WHOSE PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED UNDER THESE CIRCUMSTANCES MUST HAVE THIS PRIVILEGE RESTORED ONCE THE SUSPENSION PERIOD IS CONCLUDED EVEN IF HE HAS NOT COMPLETED THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM IN WHICH HE IS ENROLLED AND WHICH MUST BE COMPLETED FOR HIM TO MAINTAIN HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE, TO PROVIDE THAT A PERSON MUST BE ATTENDING OR HAVE COMPLETED AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM UNDER CERTAIN CIRCUMSTANCES BEFORE HIS DRIVING PRIVILEGES MAY BE RESTORED AT THE CONCLUSION OF THE SUSPENSION PERIOD, TO REVISE THE PERIOD FROM TEN TO THIRTY DAYS IN WHICH A PERSON MAY REQUEST AN ADMINISTRATIVE HEARING AND ENROLL IN AN ALCOHOL SAFETY ACTION PROGRAM, OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE AFTER BEING ISSUED A NOTICE OF SUSPENSION OF HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE, OR BE SUBJECT TO CERTAIN PENALTIES FOR FAILING TO ACT WITHIN THIS PERIOD OF TIME, TO REVISE THE PERIOD FROM TEN DAYS TO THIRTY DAYS IN WHICH AN ADMINISTRATIVE HEARING MUST BE HELD AFTER ONE IS REQUESTED BY A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION OF HIS PRIVILEGE TO OPERATE HIS MOTOR VEHICLE, TO DELETE THE PROVISION THAT ALLOWS A CONTINUANCE TO BE GRANTED FOR AN ADMINISTRATIVE HEARING UPON A SHOWING OF EXIGENT CIRCUMSTANCES, TO PROVIDE THAT IF THE DEPARTMENT OF PUBLIC SAFETY DOES NOT HOLD AN ADMINISTRATIVE HEARING WITHIN THIRTY DAYS, IT MUST ISSUE AN ORDER THAT PROVIDES THE REASONS WHY THE HEARING WAS NOT HELD AND SCHEDULE A NEW HEARING, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT ISSUE A WRITTEN ORDER WITHIN THIRTY DAYS OR FAILS WITHIN THIRTY DAYS TO NOTIFY THE DEFENDANT OF A NEW HEARING DATE, THEN THE PERSON MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE RESTORED, AND TO DELETE A REFERENCE TO THE USE OF DIVISION PROCEDURES IN THE ADMINISTRATION OF TESTS AND THE TAKING OF SAMPLES PURSUANT TO THIS SECTION; TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE TO A PERSON CONVICTED OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO PERSONS CONVICTED OF OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG OR A COMBINATION OF ALCOHOL AND OTHER DRUGS OR SUBSTANCES UNDER SECTION 56-5-2930, AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION UNDER SECTION 56-5-2933; TO AMEND SECTION 56-5-2930, AS AMENDED, RELATING TO THE OPERATING OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF ALCOHOL AND OTHER DRUGS OR SUBSTANCES, SO AS TO MAKE A TECHNICAL CHANGE; BY ADDING SECTION 56-5-2933 SO AS TO ESTABLISH THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND PROVIDE PROCEDURES FOR THE PROSECUTION AND DEFENSE OF A PERSON CHARGED WITH THIS OFFENSE; BY ADDING SECTIONS 56-5-2934 AND 56-5-2935 SO AS TO PROVIDE THAT A PERSON CHARGED WITH OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANY OTHER DRUG OR A COMBINATION OF DRUGS OR SUBSTANCES, DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION OR CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS SHALL HAVE THE RIGHT TO COMPULSORY PROCESS FOR OBTAINING CERTAIN WITNESSES, DOCUMENTS, OR BOTH, TO PROVIDE THAT AT THE TIME OF AN ARREST FOR THESE OFFENSES, THE ARRESTING OFFICER MUST INFORM THE DEFENDANT OF HIS RIGHT TO ALL HEARINGS PROVIDED BY LAW AND PROVIDE HIM WITH THE APPROPRIATE FORM TO REQUEST THE HEARINGS, AND TO PROVIDE THAT A PERSON CHARGED WITH ONE OF THESE OFFENSES HAS THE RIGHT TO A SPEEDY AND PUBLIC TRIAL BY AN IMPARTIAL JURY; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND TO MAKE TECHNICAL CHANGES; BY ADDING SECTION 56-5-2941 SO AS TO PROVIDE THAT IN ADDITION TO THE PENALTIES IMPOSED ON A PERSON WHO OPERATES A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, OR WHO CAUSES GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO PROVIDE THAT THE COURT MAY REQUIRE THE PERSON TO HAVE INSTALLED ON THE VEHICLE HE WAS OPERATING UNDER CERTAIN CIRCUMSTANCES AN IGNITION INTERLOCKS DEVICE DESIGNED TO PREVENT THE OPERATION OF THE MOTOR VEHICLE IF THE OPERATOR HAS CONSUMED ALCOHOLIC BEVERAGES, AND PROVIDE THE CONDITIONS UPON WHICH THE DEVICE MUST BE INSTALLED AND OPERATED; BY ADDING SECTION 56-5-2949 SO AS TO PROVIDE THAT ANY SOUTH CAROLINA LAW ENFORCEMENT DIVISION POLICY, PROCEDURE, OR REGULATION RELATING TO BREATH ALCOHOL TESTING, BREATH SITE VIDEOTAPING, OR IGNITION INTERLOCKS IN EFFECT AFTER A CERTAIN DATE BE PUBLICLY ACCESSIBLE ON THE AGENCY'S INTERNET WEBSITE, AND TO PROVIDE A PROCEDURE FOR REMOVING THIS INFORMATION FROM THE AGENCY'S WEBSITE; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A MOTOR VEHICLE OPERATOR'S IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF HIS BLOOD, SO AS TO PROVIDE THAT A BREATH TEST MUST BE ADMINISTERED BY A PERSON TRAINED BY THE DEPARTMENT OF PUBLIC SAFETY AND NOT BY SLED PURSUANT TO SLED POLICIES, TO REVISE THE PERIOD OF TIME A PERSON HAS A RIGHT TO REQUEST AN ADMINISTRATIVE HEARING AND ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM FROM TEN TO THIRTY DAYS AFTER THE ISSUANCE OF A NOTICE OF SUSPENSION OF A PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE, TO PROVIDE THAT A PERSON'S REQUEST FOR ADDITIONAL BLOOD OR URINE TESTS IS NOT ADMISSIBLE AGAINST THE PERSON IN A CRIMINAL TRIAL, TO PROVIDE THAT THIS PROVISION APPLIES TO A CRIMINAL PROSECUTION OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, TO PROVIDE THAT IF A PERSON'S ALCOHOL CONCENTRATION WAS AT THE TIME OF A CHEMICAL TEST TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE AND THE ORIGINAL TESTING OF THE PERSON'S BREATH OR COLLECTION OF OTHER BODILY FLUIDS WAS PERFORMED WITHIN TWO HOURS OF THE TIME OF HIS ARREST, THEN THE PERSON IS GUILTY OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSING TO SUBMIT TO TESTING TO DETERMINE WHETHER THE PERSON IS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR THE COMBINATION OF ALCOHOL AND DRUGS, OR FOR HAVING CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT CERTAIN PROVISIONS CONTAINED IN THIS STATUTE APPLY TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, TO REVISE FROM TEN DAYS TO THIRTY DAYS THE PERIOD OF TIME IN WHICH A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION UNDER CERTAIN CIRCUMSTANCES MUST ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM, AND PROVIDE THAT A PERSON WHO FAILS TO ENROLL IN THE PROGRAM WITHIN THIRTY DAYS IS SUBJECT TO CERTAIN PENALTIES, TO REVISE FROM TEN DAYS TO THIRTY DAYS THE PERIOD OF TIME IN WHICH A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION MAY OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE AND REQUEST AN ADMINISTRATIVE HEARING, TO PROVIDE THAT THE ADMINISTRATIVE HEARING MUST BE HELD AND NOT SCHEDULED WITHIN THIRTY DAYS OF A REQUEST FOR A HEARING, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ISSUE AN ORDER WITHIN THIRTY DAYS, AND NOT TEN DAYS, IF THE HEARING IS NOT HELD, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT ISSUE AN ORDER WITHIN THIRTY DAYS INSTEAD OF TEN DAYS OR FAILS WITHIN THIRTY DAYS TO NOTIFY THE DEFENDANT OF A NEW HEARING, THEN THE PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE IS REINSTATED, TO DELETE A PROVISION THAT REQUIRES THAT TESTS ADMINISTERED AND SAMPLES OBTAINED TO DETERMINE A PERSON'S ALCOHOL CONCENTRATION MUST COMPLY WITH DIVISION PROCEDURES; TO AMEND SECTION 56-5-2953, RELATING TO INCIDENT SITE AND BREATH SITE VIDEOTAPING OF CERTAIN MOTOR OFFENSES COMMITTED WHILE THE DRIVER WAS UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; BY ADDING SECTION 56-5-2954 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION AND EACH LAW ENFORCEMENT AGENCY WITH A BREATH TESTING SITE MUST MAINTAIN A RECORD OF REPAIRS AND PROBLEMS REGARDING BREATH TESTING DEVICES AT EACH SITE AND PROVIDE THAT THE RECORDS ARE SUBJECT TO COMPULSORY PROCESS ISSUED BY A COURT AND ARE PUBLIC RECORDS; TO AMEND SECTION 56-5-2970, RELATING TO REPORTS OF CERTAIN CONVICTIONS, GUILTY PLEAS, PLEAS OF NOLO CONTENDERE, OR FORFEITURES OF BAILS THAT MUST BE SUBMITTED TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2980, AS AMENDED, RELATING TO CERTAIN REPORTS THAT ARE REQUIRED TO BE FILED WITH THE DEPARTMENT OF PUBLIC SAFETY REGARDING CERTAIN VIOLATIONS OF THE LAW AND WHICH ARE CONSIDERED PRIMA FACIE EVIDENCE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO VIOLATIONS OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN OFFENSES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2995, RELATING TO THE ADDITIONAL ASSESSMENT IMPOSED UPON A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO PROVIDE THAT IF THE ALCOHOL CONCENTRATION LEVEL FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR OTHER INTOXICATING SUBSTANCE OFFENSES CHANGES FROM TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE TO EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE, CERTAIN PROVISIONS RELATING TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION DO NOT APPLY TO ALCOHOL CONCENTRATION LEVELS BETWEEN EIGHT ONE-HUNDREDTHS OF ONE PERCENT UP TO TEN ONE-HUNDREDTHS OF ONE PERCENT, AND, INSTEAD, FOR THIS RANGE THERE IS AN INFERENCE THAT THE PERSON WAS UNDER THE INFLUENCE OF ALCOHOL OR OTHER SUBSTANCES; TO AMEND SECTION 61-4-110, RELATING TO THE UNLAWFUL POSSESSION OF AN OPEN CONTAINER OF BEER OR WINE IN A MOTOR VEHICLE, SO AS TO CHANGE THE TERM "MOVING" TO "MOTOR", TO PROVIDE THAT THIS PROVISION APPLIES TO VEHICLES LOCATED ON THE PUBLIC HIGHWAYS OR HIGHWAY RIGHTS OF WAY OF THIS STATE AND DOES NOT APPLY TO VEHICLES PARKED IN LEGAL PARKING PLACES DURING CERTAIN EVENTS, AND TO PROVIDE A DEFINITION FOR BEER AND WINE; TO AMEND SECTION 61-6-4020, RELATING TO TRANSPORTATION OF ALCOHOLIC LIQUORS IN A MOTOR VEHICLE, SO AS TO PROVIDE A DEFINITION FOR "ALCOHOLIC LIQUORS"; AND TO PROVIDE A SEVERABILITY CLAUSE.-AMENDED TITLE
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| 03/02/99 | Senate | Introduced and read first time SJ-5 |
| 03/02/99 | Senate | Referred to Committee on Judiciary SJ-5 |
| 04/20/99 | Senate | Committee report: Majority favorable, minority unfavorable Judiciary SJ-8 |
| 01/12/00 | Senate | Special order SJ-18 |
| 01/19/00 | Senate | Interrupted debate- not to be taken up before 2/2/00 SJ-17 |
| 02/01/00 | Senate | Amended SJ-14 |
| 02/01/00 | Senate | Read second time SJ-14 |
| 02/01/00 | Senate | Ordered to third reading with notice of amendments SJ-14 |
| 02/03/00 | Senate | Special order SJ-30 |
| 02/09/00 | Senate | Debate interrupted SJ-48 |
| 02/15/00 | Senate | Amended SJ-19 |
| 02/15/00 | Senate | Debate interrupted SJ-19 |
| 02/16/00 | Senate | Debate interrupted SJ-35 |
| 02/17/00 | Senate | Amended SJ-88 |
| 02/17/00 | Senate | Debate interrupted SJ-88 |
| 02/22/00 | Senate | Amended SJ-13 |
| 02/22/00 | Senate | Debate interrupted SJ-13 |
| 02/23/00 | Senate | Debate interrupted SJ-19 |
| 02/24/00 | Senate | Amended SJ-9 |
| 02/24/00 | Senate | Debate interrupted SJ-9 |
| 02/29/00 | Senate | Debate interrupted SJ-18 |
| 03/01/00 | Senate | Amended SJ-13 |
| 03/01/00 | Senate | Read third time and sent to House SJ-13 |
| 03/02/00 | House | Introduced and read first time HJ-9 |
| 03/02/00 | House | Referred to Committee on Judiciary HJ-9 |
| 05/18/00 | House | Committee report: Favorable with amendment Judiciary HJ-1 |
| 05/24/00 | House | Requests for debate-Rep(s). Harrison, Altman, R. Smith, Sharpe, Easterday, Harrell, Hamilton, Rutherford, F. Smith, Scott, Tripp, Quinn, Cotty, and W. McLeod HJ-18 |
| 05/25/00 | House | Debate interrupted HJ-75 |
| 05/30/00 | House | Amended HJ-59 |
| 05/30/00 | House | Read second time HJ-101 |
| 05/30/00 | House | Roll call Yeas-105 Nays-1 HJ-101 |
| 05/31/00 | House | Read third time and returned to Senate with amendments HJ-65 |
| 05/31/00 | Senate | House amendment amended SJ-164 |
| 05/31/00 | Senate | Returned to House with amendments SJ-164 |
| 06/01/00 | House | Non-concurrence in Senate amendment HJ-9 |
| 06/01/00 | Senate | Senate insists upon amendment and conference committee appointed Sens. Saleeby, Hayes, Hutto SJ-12 |
| 06/01/00 | House | Conference committee appointed Lucas, Cotty and Simrill HJ-44 |
| 06/21/00 | House | Free conference powers rejected HJ-14 |
| 06/21/00 | House | Free conference powers granted HJ-53 |
| 06/21/00 | House | Free conference committee appointed Reps. Cotty, Simrill and Lucas HJ-54 |
| 06/21/00 | House | Free conference report received and adopted HJ-54 |
| 06/21/00 | Senate | Free conference powers granted SJ-48 |
| 06/21/00 | Senate | Free conference committee appointed Sens. Saleeby, Hayes, Hutto SJ-48 |
| 06/21/00 | Senate | Free conference report received and adopted SJ-48 |
| 06/22/00 | House | Ordered enrolled for ratification HJ-8 |
| 06/22/00 | Ratified R 442 | |
| 07/20/00 | Signed By Governor | |
| 07/20/00 | See act for exception to or explanation of effective date | |
| 07/28/00 | Copies available | |
| 07/28/00 | Act No. 390 |