S 1147 General Bill, By Leatherman
 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 SIMILAR SUBSTANCES, SO AS TO REVISE THE PENALTY FOR A THIRD OFFENSE OF
 DRIVING UNDER THE INFLUENCE OF LIQUOR, DRUGS, OR SIMILAR SUBSTANCES TO INCLUDE
 THE CONFISCATION OF THE MOTOR VEHICLE DRIVEN BY THE OFFENDER BY THE DEPARTMENT
 OF SOCIAL SERVICES AND ITS TRANSFER TO A FAMILY NEEDING A MOTOR VEHICLE TO END
 ITS DEPENDENCE ON THE STATE'S PUBLIC WELFARE PROGRAMS.

   03/26/98  Senate Introduced and read first time SJ-3
   03/26/98  Senate Referred to Committee on Judiciary SJ-3

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 SIMILAR SUBSTANCES, SO AS TO REVISE THE PENALTY FOR A THIRD OFFENSE OF DRIVING UNDER THE INFLUENCE OF LIQUOR, DRUGS, OR SIMILAR SUBSTANCES TO INCLUDE THE CONFISCATION OF THE MOTOR VEHICLE DRIVEN BY THE OFFENDER BY THE DEPARTMENT OF SOCIAL SERVICES AND ITS TRANSFER TO A FAMILY NEEDING A MOTOR VEHICLE TO END ITS DEPENDENCE ON THE STATE'S PUBLIC WELFARE PROGRAMS.

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 a fine of two hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense. 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) 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) 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. Notwithstanding another provision of law, the motor vehicle driven by the offender must be confiscated by the Department of Social Services office located in the county in which the third offense occurred and given to a family that the county office determines needs a motor vehicle to allow it to end its dependency on the state's public welfare programs.

(4) 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.