H 4490 General Bill, By Davenport
 A BILL TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE
 INFLUENCE OF ALCOHOL, DRUGS, OR OTHER SUBSTANCES, SO AS TO REVISE THE
 PENALTIES.

   01/27/00  House  Introduced and read first time HJ-13
   01/27/00  House  Referred to Committee on Judiciary HJ-13

TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR OTHER SUBSTANCES, SO AS TO REVISE THE PENALTIES.

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

SECTION 1. Section 56-5-2940 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:

"Section 56-5-2940. 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 three 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 forty-eight hours 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 ten days nor more than three years, for the third offense. The ten day sentence may be served on weekends.

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

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

No part of the minimum sentences provided in this section must be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.

The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.

For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere or forfeiture of bail, for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those offenses which occurred within a period of ten years including and immediately preceding the date of the last offense shall constitute prior offenses within the meaning of this section.

Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside."

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