H*2050(Rat #0145, Act #0105 of 1987)  General Bill, By Kirsh, P.T. Bradley, 
D.N. Holt and J.R. Klapman
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 55-1-100 so as to provide that it is unlawful to operate or act as a
 flightcrew member of any aircraft while under the influence of alcohol or
 drugs, to provide for breath chemical tests to determine alcoholic content of
 blood and consent to the tests, to provide for criminal prosecutions and
 penalties for violations, and define flightcrew member and aircraft.-amended
 title

   12/10/86  House  Prefiled
   12/10/86  House  Referred to Committee on Judiciary
   01/13/87  House  Introduced and read first time HJ-46
   01/13/87  House  Referred to Committee on Judiciary HJ-46
   01/28/87  House  Committee report: Favorable with amendment
                     Judiciary HJ-237
   02/03/87  House  Amended HJ-355
   02/03/87  House  Objection by Rep. Felder HJ-358
   02/03/87  House  Debate adjourned HJ-360
   02/04/87  House  Read second time HJ-382
   02/05/87  House  Read third time and sent to Senate HJ-422
   02/05/87  Senate Introduced and read first time SJ-451
   02/05/87  Senate Referred to Committee on Judiciary SJ-452
   04/22/87  Senate Committee report: Favorable with amendment
                     Judiciary SJ-1432
   04/23/87  Senate Amended SJ-1501
   04/23/87  Senate Read second time SJ-1502
   04/28/87  Senate  Read third time SJ-1536
   04/28/87  Senate Returned SJ-1536
   04/30/87  House  Concurred in Senate amendment and enrolled HJ-2372
   05/12/87         Ratified R 145
   05/13/87         Signed By Governor
   05/13/87         Effective date 05/13/87
   05/13/87         Act No. 105
   06/03/87         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-1-100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE OR ACT AS A FLIGHTCREW MEMBER OF ANY AIRCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO PROVIDE FOR BREATH CHEMICAL TESTS TO DETERMINE ALCOHOLIC CONTENT OF BLOOD AND CONSENT TO THE TESTS, TO PROVIDE FOR CRIMINAL PROSECUTIONS AND PENALTIES FOR VIOLATIONS, AND DEFINE FLIGHTCREW MEMBER AND AIRCRAFT.

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

Unlawful to operate or act as a flightcrew member of any aircraft while under the influence of alcohol or drugs; penalties

SECTION 1. Chapter 1 of Title 55 of the 1976 Code is amended by adding:

"Section 55-1-100. (A) It is unlawful for any person to operate or act as a flightcrew member of any aircraft in this State:

(1) within eight hours after the consumption of any alcoholic beverage;

(2) while under the influence of alcohol; or

(3) while using any drug that affects his faculties in any way contrary to safety; or

(4) with four one-hundredths of one percent or more by weight of alcohol in his blood at the time of the alleged violation.

(B) Any person who operates or acts as a flightcrew member of any aircraft in this State is considered to have given consent to a chemical test of his breath for the purpose of determining the alcoholic content of his blood if arrested for violating the provisions of subsection (A). The test must be administered at the direction of a law enforcement officer who has apprehended a person while or after operating or acting as a flightcrew member of any aircraft in this State while under the influence of intoxicating liquor. The test must be administered by a person trained and certified by the South Carolina Law Enforcement Division, using methods approved by the division. The arresting officer may not administer the test, and no test may be administered unless the defendant has been informed that he does not have to take the test. Any person who refuses to submit to the test violates the provisions of this subsection and, upon conviction, must be punished by a fine of two hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, or both. The penalties provided for in this subsection are in addition to those provided for in subsection (F).

No person is required to submit to more than one test for any one offense for which he has been charged, and the test must be administered as soon as practicable without undue delay.

The person tested may have a physician, qualified technician, chemist, registered nurse, or other qualified person of his own choosing conduct a test or tests in addition to the test administered by the law enforcement officer. The failure or inability of the person tested to obtain an additional test does not preclude the admission of evidence relating to the test taken at the direction of the law enforcement agency or officer.

The arresting officer or the person conducting the chemical test of the person apprehended promptly shall assist that person to contact a qualified person to conduct additional tests.

The division shall administer the provisions of this subsection and may make regulations as may be necessary to carry out its provisions. The Department of Health and Environmental Control shall cooperate with the division in carrying out its duties.

(C) In any criminal prosecution for the violation of this section, the amount of alcohol in the defendant's blood at the time of the alleged violation, as shown by chemical analysis of the defendant's breath, is admissible as evidence.

The provisions of this subsection do not limit the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.

(D) Any person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered not to have withdrawn the consent provided by subsection (B).

(E) The person conducting the chemical test for the law enforcement officer shall record in writing the time of arrest, the time of the test, and the results of the test, a copy of which must be furnished to the person tested or his attorney prior to any trial or other proceedings in which the results of the test are used as evidence; and any person administering any additional test shall record in writing the time, type, and results of the test and promptly furnish a copy of the test to the arresting officer. A copy of the results of the test must be furnished to the Federal Aviation Administration and the South Carolina Aeronautics Commission by the arresting officer or the agency involved in the arrest.

(F) Any person who violates the provisions of subsection (A), upon conviction, must be punished by a fine of five hundred dollars or imprisonment for not less than forty-eight hours nor more than one year, or both.

(G) Any person who is convicted under the provisions of this section must be reported to the Federal Aviation Administration within ten days of conviction.

(H) For the purposes of this section flightcrew member means a pilot, flight engineer, or flight navigator assigned to duty in an aircraft during flight time, and aircraft means any contrivance now known or invented, used, or designed in the future for navigation of or flight in the air."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.