H 3025 General Bill, By Kirsh, Bailey, Haskins, Seithel, Stille, Stuart, 
Witherspoon and W.J. Young

Similar(S 858, H 3301)
 A BILL TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC
 CONTENT OF THE BLOOD OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC
 ROADS OF THIS STATE, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A
 PERSON'S BLOOD USED TO CREATE PRESUMPTIONS WHICH MUST BE USED IN DETERMINING
 THE GUILT OF PERSONS VIOLATING THE PROVISIONS OF SECTION 56-5-2930 AND TO
 PROVIDE THAT ON AND AFTER JULY 1, 1998, IT MUST BE INFERRED THAT A PERSON IS
 UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS AT THAT TIME EIGHT ONE-HUNDREDTHS
 OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD; TO PROVIDE
 A TRANSITION PERIOD FOR THE FURTHER REDUCTION OF THE PERCENTAGES.

   12/11/96  House  Prefiled
   12/11/96  House  Referred to Committee on Judiciary
   01/14/97  House  Introduced and read first time HJ-17
   01/14/97  House  Referred to Committee on Judiciary HJ-18

TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF THE BLOOD OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC ROADS OF THIS STATE, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A PERSON'S BLOOD USED TO CREATE PRESUMPTIONS WHICH MUST BE USED IN DETERMINING THE GUILT OF PERSONS VIOLATING THE PROVISIONS OF SECTION 56-5-2930 AND TO PROVIDE THAT ON AND AFTER JULY 1, 1998, IT MUST BE INFERRED THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS AT THAT TIME EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD; TO PROVIDE A TRANSITION PERIOD FOR THE FURTHER REDUCTION OF THE PERCENTAGES.

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

SECTION 1. Section 56-5-2950(b)(1), (2), and (3) of the 1976 Code are amended to read:

"(1) If there was at that time five four one-hundredths of one percent or less by weight of alcohol in the person's blood, it is conclusively presumed conclusively that the person was not under the influence of alcohol.

(2) If there was at that time in excess of five four one-hundredths of one percent but less than ten nine one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other competent evidence in determining the guilt or innocence of the person.

(3) If there was at that time ten nine one-hundredths of one percent or more by weight of alcohol in the person's blood, it may must be inferred that the person was under the influence of alcohol."

SECTION 2. (A) The percentage of four one-hundredths of one percent by weight of alcohol referred to in Section 56-5-2950(b)(1) is reduced to three one-hundredths of one percent effective July 1, 1998.

(B) The percentages of four and nine one-hundredths of one percent by weight of alcohol referred to in Section 56-5-2950(b)(2) are reduced to three and eight one-hundredths of one percent respectively effective July 1, 1998.

(C) The percentage of nine one-hundredths of one percent by weight of alcohol referred to in Section 56-5-2950(b)(3) is reduced to eight one-hundredths of one percent effective July 1, 1998.

SECTION 3. This act takes effect July 1, 1997.