S 1200 Session 110 (1993-1994)
S 1200 General Bill, By Hayes, Jackson, H.S. Stilwell and Waldrep
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
14-1-205 so as to provide that all costs, fees, fines, penalties, forfeitures,
and other revenue generated by the circuit courts and family courts must be
remitted 56 percent to the county and 44 percent to the State and to provide
exceptions; by adding Section 14-1-206 so as to provide an assessment equal to
62 percent of a criminal fine imposed in general sessions and family court and
to provide for the collection and distribution of the assessment; by adding
Section 14-1-207 so as to provide an assessment equal to 88 percent of a
criminal fine imposed in magistrates' court and to provide for the collection
and distribution of the assessment; by adding Section 14-1-208 so as to
provide an assessment equal to 68 percent of a criminal fine imposed in
municipal court and to provide for the collection and distribution of the
assessment; by adding Section 11-5-175 so as to require the State Treasurer to
provide a quarterly report to each department or agency that receives money
collected pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208; and
by adding Section 11-7-25 so as to require the State Auditor to examine the
books and records of the clerks of court, magistrates, and municipal courts
for compliance with Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208; to
amend Section 8-21-310, as amended, relating to fees and costs generally, so
as to delete the requirement of dividing the fifty-five dollar filing fees; to
amend Section 14-17-725, relating to collection cost for fines paid on
installments, so as to provide for collecting cost for assessments paid on
installments; to amend Section 16-23-50, as amended, relating to penalties for
certain weapons violations, so as to delete remittance of the fine to
municipalities; to amend Section 22-3-545, relating to the transfer of certain
criminal cases from general sessions, so as to provide for the distribution of
money collected pursuant to Section 14-1-205; to amend Section 44-53-310,
relating to civil fines for violation of registration of controlled
substances, so as to provide that fines must be remitted to the State
Treasurer for deposit and benefit of the Department of Mental Health for its
drug addiction treatment facilities; to amend Section 44-53-370, as amended,
relating to the possession of certain controlled substances, so as to revise
the distribution of fines and forfeitures; to amend Section 48-1-350, relating
to disposition of penalties collected for violation of the Pollution Control
Act, so as to revise disposition of civil and criminal penalties; to amend
Section 56-1-190, relating to having a driver's license in possession, so as
to delete provisions allowing reduction of court costs; to amend Section
56-3-1971, as amended, relating to handicapped parking violations, so as to
delete the five dollar assessment; to amend Section 56-5-1520, as amended,
relating to fines for speeding, so as to delete the allocation of a portion of
the fine to the General Fund; to amend Section 56-5-2940, as amended, relating
to penalties for driving under the influence of intoxicating liquors or
narcotic drugs, so as to delete remittance of a portion of the fine to the
State Office of Victim Assistance; and to amend Section 56-5-2950, as amended,
relating to implied consent to chemical tests of breath, blood, and urine, so
as to delete the fifty dollar fee; to repeal Sections 14-1-210 relating to the
establishment of cost of court fee to fund certain programs; 14-1-212 relating
to the imposition of an ad
02/17/94 Senate Introduced and read first time SJ-4
02/17/94 Senate Referred to Committee on Judiciary SJ-4
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 14-1-205 SO AS TO PROVIDE THAT ALL
COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER
REVENUE GENERATED BY THE CIRCUIT COURTS AND
FAMILY COURTS MUST BE REMITTED 56 PERCENT TO THE
COUNTY AND 44 PERCENT TO THE STATE AND TO PROVIDE
EXCEPTIONS; BY ADDING SECTION 14-1-206 SO AS TO
PROVIDE AN ASSESSMENT EQUAL TO 62 PERCENT OF A
CRIMINAL FINE IMPOSED IN GENERAL SESSIONS AND
FAMILY COURT AND TO PROVIDE FOR THE COLLECTION
AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING
SECTION 14-1-207 SO AS TO PROVIDE AN ASSESSMENT
EQUAL TO 88 PERCENT OF A CRIMINAL FINE IMPOSED IN
MAGISTRATES' COURT AND TO PROVIDE FOR THE
COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY
ADDING SECTION 14-1-208 SO AS TO PROVIDE AN
ASSESSMENT EQUAL TO 68 PERCENT OF A CRIMINAL FINE
IMPOSED IN MUNICIPAL COURT AND TO PROVIDE FOR THE
COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY
ADDING SECTION 11-5-175 SO AS TO REQUIRE THE STATE
TREASURER TO PROVIDE A QUARTERLY REPORT TO EACH
DEPARTMENT OR AGENCY THAT RECEIVES MONEY
COLLECTED PURSUANT TO SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; AND BY ADDING SECTION 11-7-25 SO AS
TO REQUIRE THE STATE AUDITOR TO EXAMINE THE BOOKS
AND RECORDS OF THE CLERKS OF COURT, MAGISTRATES,
AND MUNICIPAL COURTS FOR COMPLIANCE WITH
SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; TO
AMEND SECTION 8-21-310, AS AMENDED, RELATING TO
FEES AND COSTS GENERALLY, SO AS TO DELETE THE
REQUIREMENT OF DIVIDING THE FIFTY-FIVE DOLLAR
FILING FEES; TO AMEND SECTION 14-17-725, RELATING TO
COLLECTION COST FOR FINES PAID ON INSTALLMENTS, SO
AS TO PROVIDE FOR COLLECTING COST FOR ASSESSMENTS
PAID ON INSTALLMENTS; TO AMEND SECTION 16-23-50, AS
AMENDED, RELATING TO PENALTIES FOR CERTAIN
WEAPONS VIOLATIONS, SO AS TO DELETE REMITTANCE OF
THE FINE TO MUNICIPALITIES; TO AMEND SECTION 22-3-545, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL
CASES FROM GENERAL SESSIONS, SO AS TO PROVIDE FOR
THE DISTRIBUTION OF MONEY COLLECTED PURSUANT TO
SECTION 14-1-205; TO AMEND SECTION 44-53-310, RELATING
TO CIVIL FINES FOR VIOLATION OF REGISTRATION OF
CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT
FINES MUST BE REMITTED TO THE STATE TREASURER FOR
DEPOSIT AND BENEFIT OF THE DEPARTMENT OF MENTAL
HEALTH FOR ITS DRUG ADDICTION TREATMENT
FACILITIES; TO AMEND SECTION 44-53-370, AS AMENDED,
RELATING TO THE POSSESSION OF CERTAIN CONTROLLED
SUBSTANCES, SO AS TO REVISE THE DISTRIBUTION OF
FINES AND FORFEITURES; TO AMEND SECTION 48-1-350,
RELATING TO DISPOSITION OF PENALTIES COLLECTED FOR
VIOLATION OF THE POLLUTION CONTROL ACT, SO AS TO
REVISE DISPOSITION OF CIVIL AND CRIMINAL PENALTIES;
TO AMEND SECTION 56-1-190, RELATING TO HAVING A
DRIVER'S LICENSE IN POSSESSION, SO AS TO DELETE
PROVISIONS ALLOWING REDUCTION OF COURT COSTS; TO
AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO
HANDICAP PARKING VIOLATIONS, SO AS TO DELETE THE
FIVE DOLLAR ASSESSMENT; TO AMEND SECTION 56-5-1520,
AS AMENDED, RELATING TO FINES FOR SPEEDING, SO AS
TO DELETE THE ALLOCATION OF A PORTION OF THE FINE
TO THE GENERAL FUND; TO AMEND SECTION 56-5-2940, AS
AMENDED, RELATING TO PENALTIES FOR DRIVING UNDER
THE INFLUENCE OF INTOXICATING LIQUORS OR NARCOTIC
DRUGS, SO AS TO DELETE REMITTANCE OF A PORTION OF
THE FINE TO THE STATE OFFICE OF VICTIM ASSISTANCE;
AND TO AMEND SECTION 56-5-2950, AS AMENDED,
RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF
BREATH, BLOOD, AND URINE, SO AS TO DELETE THE FIFTY
DOLLAR FEE; TO REPEAL SECTIONS 14-1-210 RELATING TO
THE ESTABLISHMENT OF COST OF COURT FEE TO FUND
CERTAIN PROGRAMS; 14-1-212 RELATING TO THE
IMPOSITION OF AN ADDITIONAL FEE IN GENERAL SESSIONS
COURT; 14-1-213 RELATING TO FEES FOR CERTAIN DEFENSE
OF INDIGENTS; 16-11-700(E)(6) RELATING TO ASSESSMENTS
FOR LITTER VIOLATIONS; 20-7-1510 RELATING TO THE
DISPOSITION OF FINES, FORFEITURES, AND OTHER
REVENUES; 24-23-210 RELATING TO FEES ASSESSED ON
PERSONS CONVICTED OF CRIMINAL OFFENSES FOR THE
PURPOSE OF DEFRAYING THE COSTS OF COMMUNITY
CORRECTIONS PROGRAMS; 44-53-580 RELATING TO THE
DISPOSITION OF FINES; 56-1-725 RELATING TO TRAFFIC
POINTS ASSESSMENT; 61-13-480 AND 61-13-490 BOTH
RELATING TO DISTRIBUTION OF CERTAIN FINES AND
ASSESSMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 14-1-205. Except as provided in Sections 17-15-260, 34-11-90, 50-1-150, 50-1-170, and 56-5-4160, on October 1,
1994, 56 percent of all costs, fees, fines, penalties, forfeitures, and
other revenues generated by the circuit courts and the family courts
must be remitted to the county in which the proceeding is instituted
and 44 percent of the revenues must be delivered to the county
treasurer to be remitted to the State Treasurer on forms and in a
manner prescribed by him. When a payment is made to the county in
installments, the state's portion must be remitted to the State Treasurer
by the county treasurer on a monthly basis. The 44 percent remitted
to the State Treasurer must be deposited as follows:
(1) 72.93 percent to the general fund;
(2) 16.73 percent to the Department of Mental Health to be used
exclusively for the treatment and rehabilitation of drug addicts within
the department's addiction center facilities;
(3) 10.34 percent to the State Office of Victim Assistance under
the South Carolina Victim's Compensation Fund.
In any court, when sentencing a person convicted of an offense
which has proximately caused physical injury or death to the victim,
the court may order the defendant to pay a restitution charge
commensurate with the offense committed, not to exceed ten thousand
dollars, to the Victim's Compensation Fund."
SECTION 2. The 1976 Code is amended by adding:
"Section 14-1-206. (A) Beginning October 1, 1994, and
continuously after that date, a person who is convicted, pleads guilty
or nolo contendere to, or forfeits bond for an offense tried in general
sessions or family court must pay an amount equal to sixty-two
percent of the fine imposed as an assessment. This assessment must
be paid to the clerk of court in the county in which the criminal
judgment is rendered for remittance to the State Treasurer by the
county treasurer. The assessment is based upon that portion of the
fine that is not suspended and assessments must not be waived,
reduced, or suspended.
(B) The county treasurer must remit the assessments and make
reports on a form and in a manner prescribed by the State Treasurer.
Assessments paid in installments must be remitted as received.
(C) The State Treasurer shall deposit the assessments as follows:
(1) 47.17 percent for programs established pursuant to Chapter
21 of Title 24 and the Shock Incarceration Program as provided in
Article 13, Chapter 13 of Title 24;
(2) 16.52 percent to the South Carolina Law Enforcement
Training Council program of training in the fields of law enforcement
and criminal justice;
(3) .5 percent to the South Carolina Law Enforcement Training
Council to defray the cost of erecting and maintaining the South
Carolina Law Enforcement Hall of Fame. When funds collected
pursuant to this item exceed the necessary costs and expenses of the
Hall of Fame operation and maintenance as determined by the South
Carolina Law Enforcement Hall of Fame Committee, the council may
retain the surplus for use in its law enforcement training programs;
(4) 16.21 percent to the Office of Indigent Defense for the
defense of indigents;
(5) 13.26 percent for the State Office of Victim Assistance;
(6) 6.34 percent to the general fund.
(D) If an offender is released to the supervision of the Department
of Probation, Parole and Pardon Services and otherwise has not paid
the assessment, the assessment must be paid as a condition of
probation."
SECTION 3. The 1976 Code is amended by adding:
"Section 14-1-207. (A) Beginning October 1, 1994, and
continuously after that date, a person who is convicted, pleads guilty
or nolo contendere to, or forfeits bond for an offense tried in
magistrates' court must pay an amount equal to 88 percent of the fine
imposed as an assessment. This assessment must be paid to the
magistrate and deposited as required by Section 22-1-70 in the county
in which the criminal judgment is rendered for remittance to the State
Treasurer by the county treasurer. The assessment is based upon that
portion of the fine that is not suspended and assessments must not be
waived, reduced, or suspended.
(B) The county treasurer must remit the assessments and make
reports on a form and in a manner prescribed by the State Treasurer.
Assessments paid in installments must be remitted as received.
(C) The State Treasurer shall deposit the assessments as follows:
(1) 35.12 percent for programs established pursuant to Chapter
21 of Title 24 and the Shock Incarceration Program as provided in
Article 13, Chapter 13 of Title 24;
(2) 22.49 percent to the South Carolina Law Enforcement
Training Council program of training in the fields of law enforcement
and criminal justice;
(3) .65 percent to the South Carolina Law Enforcement Training
Council to defray the cost of erecting and maintaining the South
Carolina Law Enforcement Hall of Fame. When funds collected
pursuant to this item exceed the necessary costs and expenses of the
Hall of Fame operation and maintenance as determined by the South
Carolina Law Enforcement Hall of Fame Committee, the council may
retain the surplus for use in its law enforcement training programs;
(4) 20.42 percent for the State Office of Victim Assistance;
(5) 9.94 percent to the general fund;
(6) 11.38 percent to the Office of Indigent Defense for the
defense of indigents.
(D) If an offender is released to the supervision of the Department
of Probation, Parole and Pardon Services and otherwise has not paid
the assessment, the assessment must be paid as a condition of
probation."
SECTION 4. The 1976 Code is amended by adding:
"Section 14-1-208. (A) Beginning October 1, 1994, and
continuously after that date, a person who is convicted, pleads guilty
or nolo contendere to, or forfeits bond for an offense tried in
municipal court must pay an amount equal to 68 percent of the fine
imposed as an assessment. This assessment must be paid to the
municipal clerk of court and deposited with the city treasurer for
remittance to the State Treasurer. The assessment is based upon that
portion of the fine that is not suspended and assessments must not be
waived, reduced, or suspended.
(B) The city treasurer must remit the assessments and make reports
on a form and in a manner prescribed by the State Treasurer.
Assessments paid in installments must be remitted as received.
(C) The State Treasurer shall deposit the assessments as follows:
(1) 25.41 percent for programs established pursuant to Chapter
21 of Title 24 and the Shock Incarceration Program as provided in
Article 13, Chapter 13 of Title 24;
(2) 28.73 percent to the South Carolina Law Enforcement
Training Council program of training in the fields of law enforcement
and criminal justice;
(3) .75 percent to the South Carolina Law Enforcement Training
Council to defray the cost of erecting and maintaining the South
Carolina Law Enforcement Hall of Fame. When funds collected
pursuant to this item exceed the necessary costs and expenses of the
Hall of Fame operation and maintenance as determined by the South
Carolina Law Enforcement Hall of Fame Committee, the council may
retain the surplus for use in its law enforcement training programs;
(4) 21.99 percent for the State Office of Victim Assistance;
(5) 7.34 percent to the general fund;
(6) 14.71 percent to the Office of Indigent Defense for the
defense of indigents;
(7) 1.07 percent to the Department of Mental Health to be used
exclusively for the treatment and rehabilitation of drug addicts within
the department's addiction center facilities.
(D) If an offender is released to the supervision of the Department
of Probation, Parole and Pardon Services and otherwise has not paid
the assessment, the assessment must be paid as a condition of
probation."
SECTION 5. The 1976 Code is amended by adding:
"Section 11-5-175. The State Treasurer shall report to the
departments or agencies that receive monies from fines or assessments
collected and distributed pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208 a quarterly report that states the money received
and disbursed by the county and by each clerk of court, magistrate,
and municipal court. The report also must show the amount of money
credited by the State Treasurer to the department or agency."
SECTION 6. The 1976 Code is amended by adding:
"Section 11-7-25. The State Auditor shall examine at least
once each year the books, accounts, receipts, disbursements, vouchers,
and records of the county clerks of court, magistrates, and municipal
courts to ensure that fines and assessments imposed pursuant to
Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208 are properly
imposed and collected."
SECTION 7. Section 8-21-310(11)(a) of the 1976 Code, as last
amended by Section 53A, Part II, Act 171 of 1991, is further amended
to read:
"(a) For filing first complaint or petition, including
application for a remedial and prerogative writ and bond on
attachment or other bond, in a civil action or proceeding, in a court of
record, fifty-five dollars. There is no further fee for filing an
amended or supplemental complaint or petition nor for filing any other
paper in the same action or proceeding. An original application for
postconviction relief may be filed without fee upon permission of the
court to which the application is addressed. There is no further fee for
entering and filing a verdict, judgment, final decree, or order of
dismissal, and enrolling a judgment thereon, for signing, sealing, and
issuance of execution, or for entering satisfaction or partial satisfaction
on a judgment. Of the fifty-five dollar fee thirty-five dollars is
subject to the disposition provision of Section 20-7-1510 and the
remaining twenty dollars must be remitted to the State and deposited
to the credit of the general fund of the State;"
SECTION 8. Section 14-17-725 of the 1976 Code, as added by
Act 435 of 1992, is amended to read:
"Section 14-17-725. Where general sessions
criminal fines, assessments, or restitution payments
are paid through installments, a collection cost charge of three percent
of the payment also must be collected by the clerk of court,
magistrate, or municipal court from the defendant and transferred
to the county treasurer or city treasurer, as appropriate, for
deposit to credit of the county or municipal general fund
in the same manner other funds collected by the clerk of court are
transferred to the county treasurer for deposit to the county general
fund."
SECTION 9. Section 16-23-50 of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"Section 16-23-50. (A) (1) A person, including a dealer,
who violates the provisions of this article, except Section 16-23-20, is
guilty of a felony and, upon conviction, must be fined not more than
two thousand dollars or imprisoned not more than five years, or both.
(2) A person violating the provisions of Section 16-23-20 is
guilty of a misdemeanor and, upon conviction, must be fined not more
than one thousand dollars or imprisoned not more than one year, or
both.
(B) When a violation occurs within a municipality, the fines
collected must be delivered to the municipality by the clerk of court.
If the violation occurs outside a municipality, the fines must be
delivered to the county treasurer.
(C) In addition to the penalty provided in this section, the
pistol involved in the violation of this article must be confiscated.
The pistol must be delivered to the chief of police of the municipality
or to the sheriff of the county, if the violation occurred outside the
corporate limits of a municipality. The law enforcement agencies that
receive the confiscated pistols may use them within their department,
transfer them to another law enforcement agency for their lawful use,
transfer them to the clerk of court or mayor who shall dispose of them
as provided by Section 16-23-500, or trade them with a retail dealer
licensed to sell pistols in this State for a pistol or any other equipment
approved by the agency. If the State Law Enforcement Division
seized the pistol, it may keep it for use by its forensic laboratory.
Records must be kept of all confiscated pistols received by the law
enforcement agencies under the provisions of this article."
SECTION 10. Section 22-3-545(E) of the 1976 Code, as added by
Act 310 of 1992, is amended to read:
"(E) Notwithstanding any other another
provision of law, all fines and assessments imposed by a
magistrate or municipal judge presiding pursuant to this section must
be distributed as if the fine and assessment were imposed by
a circuit court pursuant to Section 20-7-1510 Sections 14-1-205 and 14-1-206. However, these fines are also subject to
the provisions of Section 56-5-2940. This section must not result
in increased compensation to a magistrate presiding over a trial or
hearing pursuant to this section or in other additional or increased
costs to the county."
SECTION 11. Section 44-53-310(b) of the 1976 Code is amended
to read:
"(b) The department may place any a
registrant who violates this article on probation or levy a civil fine of
not more than two thousand five hundred dollars, or both. Fines
generated pursuant to this section must be remitted to the State
Treasurer for deposit to the benefit of the Department of Mental
Health to be used exclusively for the treatment and rehabilitation of
drug addicts within the department's addiction center
facilities."
SECTION 12. The first paragraph of Section 44-53-370(d)(3) of the
1976 Code, as last amended by Section 237, Act 184 of 1993, is
further amended to read:
"(3) possession of more than ten grains of cocaine, one
hundred milligrams of alpha- or beta-eucaine, four grains of opium,
four grains of morphine, two grains of heroin, one hundred milligrams
of isonipecaine, twenty-eight grams or one ounce of marijuana, ten
grams of hashish or more than fifty micrograms of lysergic acid
diethylamide (LSD) or its compounds shall be is prima
facie guilty of violation of subsection (a) of this section. A person
who violates this subsection with respect to twenty-eight grams or one
ounce or less of marijuana or ten grams or less of hashish is guilty of
a misdemeanor and, upon conviction, must be imprisoned not more
than thirty days or fined not less than one hundred dollars nor more
than two hundred dollars. Conditional discharge may be granted in
accordance with the provisions of Section 44-53-450 upon approval by
the circuit solicitor to the magistrate or municipal judge. As a part of
any a sentence, a magistrate or municipal judge may
require attendance at an approved drug abuse program. Persons
charged with the offense of possession of marijuana or hashish under
this item may be permitted to enter the pretrial intervention program
under the provisions of Act 360 of 1980 (Sections 17-22-10 through
17-22-160). For a second or subsequent offense, the offender is guilty
of a misdemeanor and, upon conviction, must be imprisoned not more
than one year or fined not less than two hundred dollars nor more than
one thousand dollars, or both. Fines collected pursuant to the
provisions of this item must be distributed as follows: (i) for a first
offense, the first one hundred dollars must be distributed pursuant to
the provisions of Section 44-53-580 and all monies in excess of that
amount must be distributed to the unit of government whose law
enforcement officers initiated the investigation which resulted in the
conviction.
(ii) For a second or subsequent offense, the first two
hundred dollars must be distributed pursuant to the provision of
Section 44-53-580 and all monies in excess of that amount must be
distributed to the unit of government whose law enforcement officers
initiated the investigation which resulted in the conviction."
SECTION 13. The last paragraph of Section 44-53-370(d)(3) of the
1976 Code, as last amended by Section 237, Act 184 of 1993, is
further amended to read:
"The distribution of fines provided for in this section
applies whether or not law enforcement officers from more than one
unit of government became involved in the case after the start of the
initial investigation. When a person is charged under this
subsection for possession of controlled substances, bail shall not
exceed the amount of the fine and the assessment provided
pursuant to Section 14-1-206, 14-1-207, or 14-1-208, whichever is
applicable. A person charged under this item for a first offense
for possession of controlled substances may forfeit bail by
nonappearance and, upon forfeiture, the fine portion of the
bail must be distributed as provided in subitem (1) of this item
Section 14-1-205 and the assessment portion of the bail must be
distributed as provided in Section 14-1-206, 14-1-207, or 14-1-208,
whichever is applicable."
SECTION 14. Section 48-1-350 of the 1976 Code is amended to
read:
"Section 48-1-350. All penalties assessed under this chapter
shall be are held as a debt payable to the State by the
person against whom they have been charged and shall
constitute a lien against the property of such the
person. One-half of the civil penalties so collected
shall inure to the benefit of the county. The criminal
penalties collected pursuant to Section 48-1-320 must be collected and
distributed pursuant to Section 14-1-205."
SECTION 15. Section 56-1-190 of the 1976 Code, as last amended
by Act 134 of 1993, is further amended to read:
"Section 56-1-190. A licensee shall have his license in his
immediate possession at all times when operating a motor vehicle and
shall display it upon demand of an officer or agent of the department
or a law enforcement officer of the State. A portion of the court
costs assessed for violating the provisions of this section may be
reduced at the discretion of the court. No points pursuant to
Section 56-1-720 may be assessed. No points for insurance merit
rating system and recoupment purposes may be assessed."
SECTION 16. Section 56-3-1971 of the 1976 Code, as last amended
by Section 1377, Act 181 of 1993, is further amended to read:
"Section 56-3-1971. All law enforcement officers issuing
tickets on public and private property and state law enforcement
division licensed security officers of shopping centers and business and
commercial establishments, which provide parking spaces designated
for handicapped persons, are authorized to issue a uniform parking
violations ticket to the vehicle for violations of the prescribed use of
the parking spaces. The uniform parking violations ticket shall provide
a means for tracking violators by tag number and recording the
violations with the division of motor vehicles.
The procedures governing the issuance, form, and content of the
uniform parking violations ticket must be prescribed by the
Department of Public Safety and approved by the Attorney General.
Upon conviction for a violation of Section 56-3-1970, five dollars
of the fine assessed must be remitted to the Department of Public
Safety for administration and implementation costs."
SECTION 17. Section 56-5-1520(f) of the 1976 Code, as last
amended by Section 1404, Act 181 of 1993, is further amended to
read:
"(f) Five dollars of the fines listed in subsection (d)(3)
and (4) must be credited to the state general fund. In expending
the funds credited to the state general fund from fines
generated under subsection (d), the department first shall consider
the need for additional highway patrolmen."
SECTION 18. The second paragraph of Section 56-5-2940 of the
1976 Code is amended to read:
"No part of the minimum sentences provided in this section
must be suspended. Of the minimum fines imposed in items (2)
and (3) of this section, the first two hundred fifty dollars must be
remitted to the Victims' Compensation Fund. The court may
provide in lieu instead of service other sentences
provided in this section. For a third offense or any
subsequent offense or for a violation of Section 56-5-2945 as it
relates to 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."
SECTION 19. Section 56-5-2950(a) of the 1976 Code is amended
to read:
"(a) Any A person who operates a motor
vehicle in this State is considered to have given consent to chemical
tests of his breath, blood, or urine for the purpose of determining the
presence of alcohol or drugs if arrested for any an
offense arising out of acts alleged to have been committed while the
person was operating a motor vehicle while under the influence of
alcohol, drugs, or a combination of them. Any A test
must be administered at the direction of a law enforcement officer
who has apprehended a person for operating a motor vehicle in this
State while under the influence of alcohol, drugs, or a combination of
them. At the direction of the arresting officer the person first must be
offered a breath test to determine the alcohol concentration of his
blood. If the person is physically unable to provide an acceptable
breath sample because he has an injured mouth, is unconscious, dead,
or for any other another reason considered acceptable
by the licensed medical personnel, a blood sample may be taken. If
the officer has reasonable grounds to believe that the person is under
the influence of drugs other than alcohol, the officer may order that
a urine sample be taken for testing. If the breathalyzer reading is ten
one-hundredths of one percent by weight of alcohol in the person's
blood or above, the officer may not require additional tests of the
person as provided in this chapter. The breath test must be
administered by a person trained and certified by SLED, using
methods approved by SLED. The arresting officer may not administer
the tests. Blood and urine samples must be taken by physicians
licensed by the State Board of Medical Examiners, registered nurses
licensed by the State Board of Nursing, and other medical personnel
trained to take the samples in a licensed medical facility. Blood
samples or urine samples must be obtained and handled in accordance
with procedures approved by SLED. No tests may be administered or
samples taken unless the person has been informed that he does not
have to take the test or give the samples but that his privilege to drive
must be suspended or denied for ninety days if he refuses to submit
to the tests.
A hospital, physician, qualified technician, chemist, or registered
nurse who takes the samples or conducts the test or participates in the
process of taking the samples or conducting the test in accordance
with this section is not subject to a cause of action for assault, battery,
or any other another cause contending that the drawing
of blood or taking samples at the request of the arrested person or a
law enforcement officer was wrongful. This release from liability
does not reduce the standard of medical care required of the person
taking the samples or conducting the test. This qualified release also
applies to the employer of the person who conducts the test or takes
the samples.
The person tested or giving samples for testing may have a qualified
person of his own choosing conduct additional tests at his expense and
must be notified of that right. A person's failure to request additional
blood or urine tests shall is not be admissible
against the person in the criminal trial. The failure or inability of the
person tested to obtain additional tests does not preclude the admission
of evidence relating to the tests or samples taken at the direction of the
law enforcement officer.
The arresting officer shall provide reasonable assistance to the
person to contact a qualified person to conduct additional tests.
SLED shall administer the provisions of this subsection and may
make regulations necessary to carry out its provisions. The costs of the
tests administered at the direction of the law enforcement officer must
be paid from the general fund of the State. A fee of fifty dollars
is assessed at the time of sentencing persons convicted of, pleading
guilty or nolo contendere to, or forfeiting bond for violating Section
56-5-2930 or 56-5-2945. This fee must be forwarded by the county
treasurer to the general fund of the State to defray any costs incurred
by SLED and individuals and institutions obtaining the samples
forwarded to SLED.
A qualified person who obtains samples or administers the tests or
assists in obtaining samples or administration of tests at the direction
of a law enforcement officer is released from civil and criminal
liability unless the obtaining of samples or tests is performed in a
negligent manner. No person may be required by the arresting officer,
or by any other another law enforcement officer, to
obtain or take any sample of blood or urine."
SECTION 20. Item 6 of Section 16-11-700(E) and Sections 14-1-210, 14-1-212, 14-1-213, 20-7-1510, 24-23-210, 44-53-580, 56-1-725,
61-13-480, and 61-13-490 of the 1976 Code are repealed.
SECTION 21. Upon approval by the Governor this act takes effect
October 1, 1994.
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