South Carolina Legislature

 

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S 1157
Session 125 (2023-2024)


S 1157  General Bill, By  Harpootlian and Goldfinch

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-2930, RELATING TO OPERATING A MOTOR VEHICLE WHILE UNDER INFLUENCE OF ALCOHOL OR DRUGS SO AS TO PREVENT THE PRACTICE OF PLEADING VIOLATIONS OF SECTION 56-5-2930 TO A LOWER PENALTY UNDER THE GUISE OF PLEADING TO A LESSER INCLUDED OFFENSE; AND BY AMENDING SECTION 56-5-2933, RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION SO AS TO PREVENT THE PRACTICE OF PLEADING VIOLATIONS OF SECTION 56-5-2933 TO A LOWER PENALTY UNDER THE GUISE OF PLEADING TO A LESSER INCLUDED OFFENSE.

  
    

      Date
      Body
      Action Description with journal page number
    

  
  
  

    3/13/2024
    Senate
    Introduced and read first time (Senate Journal-page 3)
  

  

    3/13/2024
    Senate
    Referred to Committee on Judiciary  (Senate Journal-page 3)
  

  

    3/14/2024
    
    Scrivener's error corrected

VERSIONS OF THIS BILL

03/13/2024
03/14/2024


S. 1157

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-2930, RELATING TO OPERATING A MOTOR VEHICLE WHILE UNDER INFLUENCE OF ALCOHOL OR DRUGS SO AS TO PREVENT THE PRACTICE OF PLEADING VIOLATIONS OF SECTION 56-5-2930 TO A LOWER PENALTY UNDER THE GUISE OF PLEADING TO A LESSER INCLUDED OFFENSE; AND BY AMENDING SECTION 56-5-2933, RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION SO AS TO PREVENT THE PRACTICE OF PLEADING VIOLATIONS OF SECTION 56-5-2933 TO A LOWER PENALTY UNDER THE GUISE OF PLEADING TO A LESSER INCLUDED OFFENSE.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 56-5-2930 of the S.C. Code is amended by adding:

 

(M) A violation of subsection (A) is a single, stand-alone offense. Subsections (A)(1), (2), (3), and (4) do not constitute different degrees of the offense of driving a motor vehicle within this State while under the influence of alcohol in violation of subsection (A) nor do they constitute lesser included offenses of a violation of subsection (A). Consequently, there can be no plea agreement. A person charged with a violation of subsection (A) must be punished based upon the number of times that he has been previously convicted, plead guilty or nolo contendere, or forfeited bailNext to a violation of subsection (A) during the prescribed time period and subject to the person's alcohol concentration.

 

SECTION 2.  Section 56-5-2933 of the S.C. Code is amended by adding:

 

(M) A violation of subsection (A) is a single, stand-alone offense. Subsections (A)(1), (2), (3), and (4) do not constitute different degrees of the offense of driving a motor vehicle within this State while the driver's alcohol concentration is eight one-hundredths of one percent or more in violation of subsection (A) nor do they constitute lesser included offenses of a violation of subsection (A). Consequently, there can be no plea agreement. A person charged with a violation of subsection (A) must be punished based upon the number of times that he has been previously convicted, plead guilty or nolo contendere, or forfeited Previousbail to a violation of subsection (A) during the prescribed time period and subject to the person's alcohol concentration.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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This web page was last updated on March 14, 2024 at 11:37 AM



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