H 4427 General Bill, By Sharpe, Allison, T. Brown, Cato, Cooper, Cotty, 
Davenport, Gamble, J.L. Harris, Haskins, J. Hines, H.G. Hutson, Inabinett, 
Keegan, W.D. Keyserling, Kirsh, Klauber, Koon, Lloyd, C.V. Marchbanks, 
D.E. McTeer, Meacham, Moody-Lawrence, J.H. Neal, Richardson, Riser, Sandifer, 
Simrill, R. Smith, Stille, Stuart, Trotter, Vaughn, C.C. Wells, Wilkes, 
D. Williams, Witherspoon, S.S. Wofford, W.J. Young and Young-Brickell
 A Bill to amend Section 56-5-2940, as amended, Code of Laws of South Carolina,
 1976, relating to penalties for driving under the influence of liquor, drugs,
 or another substance, so as to provide that a person who is under twenty-one
 years of age and who is convicted of driving under the influence of liquor,
 drugs, or another substance, shall have his driver's license revoked for five
 years or until he reaches twenty-one years of age.

   01/11/96  House  Introduced and read first time HJ-2
   01/11/96  House  Referred to Committee on Judiciary HJ-2

A BILL

TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF LIQUOR, DRUGS, OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE AND WHO IS CONVICTED OF DRIVING UNDER THE INFLUENCE OF LIQUOR, DRUGS, OR ANOTHER SUBSTANCE, SHALL HAVE HIS DRIVER'S LICENSE REVOKED FOR FIVE YEARS OR UNTIL HE REACHES TWENTY-ONE YEARS OF AGE.

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

SECTION 1. The first paragraph of Section 56-5-2940 of the 1976 Code is amended to read:

"A person violating a provision of Section 56-5-2930, upon conviction, entry of a plea of guilty or of nolo contendere or forfeiture of bail, must be punished in accordance with the following:

(1) By revoking the driver's license of a person under twenty-one years of age for a period of five years or until the person reaches twenty-one years of age for the first offense. The court may not:

(a) suspend any part of this sentence;

(b) grant a probationary sentence; or

(c) allow the person to perform public service employment instead of having his license revoked.

(2) By a fine of two hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense for a person twenty-one years of age or older. However, in lieu of the forty-eight hour minimum imprisonment the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence.

(2)(3) By a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours nor more than one year for the second offense. However, the fine imposed by this item may not be suspended in an amount less than one thousand dollars. In lieu of service of imprisonment the court may require that the individual complete an appropriate term of public service employment of not less than ten days upon terms and conditions the court considers proper.

(3)(4) By a fine of not less than three thousand, five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years, for the third offense.

(4)(5) Imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense."

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