H 3987 General Bill, By Seithel, Fleming and Keegan
 A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, 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 GUILTY 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; TO AMEND SECTION 56-5-3660, AS AMENDED, RELATING TO THE
 WEARING OF HELMETS BY CERTAIN OPERATORS OF AND PASSENGERS ON A TWO-WHEELED
 MOTORIZED VEHICLE, SO AS TO DELETE THE REQUIREMENT THAT THIS PROVISION APPLIES
 ONLY TO A PERSON UNDER THE AGE OF TWENTY-ONE; AND TO AMEND SECTION 56-5-6540,
 RELATING TO THE PENALTIES AND ENFORCEMENT OF CERTAIN PROVISIONS THAT REQUIRE
 THE WEARING OF A SAFETY BELT BY THE DRIVER AND EVERY PASSENGER OF A MOTOR
 VEHICLE, SO AS TO ALLOW A LAW ENFORCEMENT OFFICER TO STOP A DRIVER AND ISSUE A
 CITATION FOR A VIOLATION OF THIS PROVISION.

   04/10/97  House  Introduced and read first time HJ-97
   04/10/97  House  Referred to Committee on Judiciary HJ-97

TO AMEND SECTION 56-5-2950, AS AMENDED, 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; TO AMEND SECTION 56-5-3660, AS AMENDED, RELATING TO THE WEARING OF HELMETS BY CERTAIN OPERATORS OF AND PASSENGERS ON A TWO-WHEELED MOTORIZED VEHICLE, SO AS TO DELETE THE REQUIREMENT THAT THIS PROVISION APPLIES ONLY TO A PERSON UNDER THE AGE OF TWENTY-ONE; AND TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES AND ENFORCEMENT OF CERTAIN PROVISIONS THAT REQUIRE THE WEARING OF A SAFETY BELT BY THE DRIVER AND EVERY PASSENGER OF A MOTOR VEHICLE, SO AS TO ALLOW A LAW ENFORCEMENT OFFICER TO STOP A DRIVER AND ISSUE A CITATION FOR A VIOLATION OF THIS PROVISION.

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. Section 56-5-3660 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-3660. It shall be is unlawful for any a person under the age of twenty-one to operate or ride upon a two-wheeled motorized vehicle unless he wears a protective helmet of a type approved by the department. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides thereof. The department is hereby authorized to adopt and amend regulations covering the types of helmets and the specifications therefor and to establish and maintain a list of approved helmets which meet the specifications as established hereunder."

SECTION 4. Section 56-5-6540 of the 1976 Code is amended to read:

"Section 56-5-6540. (A) A person violating the provisions of this article, upon conviction, must be fined not more than ten dollars, all or part of which may be suspended. No court costs may be assessed against the person convicted. No person may be fined more than twenty dollars for any one incident of one or more violations of the provisions of this article. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense.

(B) A law enforcement officer may not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(C) A violation of this article does not constitute negligence per se or contributory negligence and is not admissible as evidence in a civil action."

SECTION 5. This act takes effect upon approval by the Governor.