H 3345 Session 110 (1993-1994)
H 3345 General Bill, By Jennings, T.E. Huff and L.M. Martin
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
56-1-285 so as to provide that the Department of Highways and Public
Transportation shall suspend for ninety days the driver's license of any
person under the age of twenty-one who is determined to have a blood alcohol
content of four one-hundredths of one percent or above when operating a motor
vehicle, to provide the procedures to be followed for this suspension and that
it is in addition to any other penalties imposed by law; to amend the 1976
Code by adding Section 56-1-286 so as to provide that the Department shall
suspend for ninety days the driver's license of any person twenty-one of age
or older who is determined to have a blood alcohol content of fifteen
one-hundredths of one percent or above when operating a motor vehicle, to
provide the procedures to be followed for this suspension and that it is in
addition to any other penalties imposed by law; and to amend the 1976 Code by
adding Section 56-5-2951 so as to provide that a person arrested for certain
vio
02/02/93 House Introduced and read first time HJ-14
02/02/93 House Referred to Committee on Judiciary HJ-14
04/27/93 House Committee report: Favorable with amendment
Judiciary HJ-9
05/06/93 House Debate adjourned until Tuesday, May 18, 1993 HJ-65
05/18/93 House Debate interrupted HJ-38
05/19/93 House Debate adjourned until Thursday, May 20, 1993 HJ-34
05/20/93 House Committed to Committee on Ways and Means HJ-18
04/26/94 House Committee report: Favorable with amendment Ways
and Means HJ-3
05/17/94 House Objection by Rep. Whipper, G.Brown, Inabinett,
Williams, Breeland, HJ-410
05/17/94 House Objection by Rep. Holt & Felder HJ-410
05/18/94 House Objection withdrawn by Rep. G. Brown HJ-34
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 26, 1994
H. 3345
Introduced by REPS. Jennings, Martin and Huff
S. Printed 4/26/94--H.
Read the first time February 2, 1993.
THE COMMITTEE ON WAYS AND MEANS
To whom was referred a Bill (H. 3345), to amend the Code of Laws
of South Carolina, 1976, by adding Section 56-1-285 so as to provide
that the Department of Highways and Public Transportation shall
suspend for ninety days the driver's license of any person under the age
of twenty-one who is determined to have a blood alcohol content of, etc.,
respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting
words and inserting:
/SECTION 1. The purposes of this act are:
(1) to provide safety for all persons using the highways of this State
by quickly revoking the driving privilege of those persons who have
shown themselves to be safety hazards by driving with an excessive
concentration of alcohol in their bodies; and
(2) to guard against the potential for any erroneous deprivation of
the driving privilege by providing an opportunity for an administrative
hearing as quickly as possible after the suspension becomes effective;
and
(3) following the suspension period, to prevent the relicensing of
these persons until the Department of Public Safety is satisfied that their
alcohol problem is under control and that they no longer constitute a
safety hazard to other highway users.
SECTION 2. Article 23, Chapter 5, Title 56 of the 1976 Code is
amended by adding:
"Section 56-5-2951. (A) In addition to any penalty imposed
by law, including additional driver's license suspensions, the Department
of Public Safety shall suspend for three months the driver's license of a
person twenty-one years or older who operates a motor vehicle and who
is determined to have a blood alcohol content of fifteen one-hundredths
of one percent or above.
(B) A person who operates a motor vehicle in this State is considered
to have given consent to chemical tests of his breath or blood for the
purpose of determining the presence of alcohol.
(C) A law enforcement officer who has arrested an operator of a
motor vehicle for any offense arising out of acts alleged to have been
committed while being under the influence of alcohol may order the
testing of the person arrested to determine the presence of blood alcohol.
(D) Tests must be administered at the direction of the arresting
officer. At the direction of the arresting officer, the person must be
offered two breath tests to determine the alcohol content of his blood.
If the person is physically unable to provide an acceptable breath sample
because he has an injured mouth, is unconscious, or for any other reason
considered acceptable by licensed medical personnel, a blood sample
may be taken. Only one blood sample is required under the provisions
of this section. The breath tests must be administered by a person trained
and certified by the State Law Enforcement Division, using methods
approved by the division. The arresting officer may not administer the
tests. Blood samples must be taken by physicians licensed by the State
Board of Medical Examiners, registered nurses licensed by the State
Board of Nursing, or other medical personnel trained to take these
samples in a licensed medical facility. Blood samples must be obtained
and handled in accordance with procedures approved by the division.
The division shall administer the provisions of this subsection and may
promulgate regulations necessary to carry out its provisions, which shall
include, but not be limited to, the following provisions:
(1) the breath test must be administered as soon as practicable
after the arrest;
(2) prior to the first breath test, the person administering the test
must observe the person to be tested for no less than twenty minutes;
(3) any sequential breath test may not be administered less than
five minutes after the first breath test;
(4) the breath test results may be used to prove a person's
particular alcohol concentration if the pair of readings are from
consecutively administered breath tests, the readings do not differ from
each other by an alcohol concentration greater than two one-hundredths
of one percent and the lesser reading is at least fifteen one-hundredths
of one percent; and
(5) the breath testing instrument must be maintained and
calibrated by SLED at intervals not more than every one hundred days.
The costs of the tests administered at the direction of the arresting
officer must be paid from the general fund of the State.
(E) 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. No inference may be taken
from a person's failure to request additional tests. The failure or inability
of the person tested to obtain additional tests does not preclude the
consideration of the tests or samples taken at the direction of the
arresting officer. The arresting officer shall provide reasonable
assistance to the person to contact a qualified person to conduct
additional tests.
(F) A qualified person and his employer who obtain samples or
administer the tests or assist in obtaining samples or administration of
tests at the direction of a law enforcement officer are released from civil
and criminal liability unless the obtaining of samples or the tests are
performed in a negligent manner. No person may be required by the
officer ordering the tests to obtain or take any sample of blood.
(G) (1) If a person under arrest refuses, upon the request of the
arresting officer, to submit to chemical tests as provided in subsection
(D) of this section, none may be given, but the department, on the basis
of a report of the arresting officer that the arrested person was operating
a motor vehicle in this State while under the influence of alcohol and
that the person refused to submit to the tests, shall suspend his license
or permit to drive, or any nonresident operating privilege for a period of
three months. If the person is a resident without a license or permit to
operate a motor vehicle in this State the department shall deny to the
person the issuance of a license or permit for three months after the date
of the alleged violation. The report of the arresting officer must include
what grounds he had for believing that the arrested person had been
operating a motor vehicle in this State while under the influence of
alcohol.
Upon the arrested person's request, the department shall afford him an
opportunity for a hearing in accordance with the State Administrative
Procedures Act, except that the scope of the hearing for the purpose of
this section must be limited only to the issues of whether the person was
placed under arrest, whether the person had been informed that he did
not have to take the test but that his privilege to drive would be
suspended or denied if he refused to submit to the test, and whether he
refused to submit to the test upon request of the officer. A request for an
administrative review does not stay the suspension.
The department shall order that the suspension, or determination that
there should be a denial of issuance, either be rescinded or sustained.
(2) If a defendant under arrest, upon the request of the arresting
officer, submits to chemical tests as provided in subsection (D), and both
test results indicate a blood alcohol content of fifteen one-hundredths of
one percent or above, the department shall suspend his license or permit
to drive or any nonresident's operating privilege for three months.
If both breath tests required by subsection (D) do not indicate a blood
alcohol content of fifteen one-hundredths of one percent or above, the
person is considered not to have violated the provisions of this section.
(H) If both breath tests register a blood alcohol content of fifteen
one-hundredths of one percent or above, or if the arrested person refuses
to submit to the tests, the arresting officer, acting as an agent for the
department, shall immediately serve a notice and order of suspension on
the arrested person. The arresting officer shall take immediate
possession of a license or permit issued by the department and the notice
and order of suspension which he issues serves as a temporary license
effective for thirty days.
A copy of the completed notice and order of suspension form and the
driver's license taken into possession must be forwarded immediately
within two working days to the department by the officer along with a
copy of the report.
The suspension period begins thirty days after the issuance of the
notice and order of suspension and is not stayed if a review of the
suspension is requested. The notice and order of suspension must advise
the defendant of the right to obtain an administrative hearing as provided
in this section.
(I) The person arrested must request an administrative hearing
within ten days from the date of his arrest and must be given the hearing
within thirty days from the date of his arrest.
The hearing must be conducted in the manner provided by this
section. If the person waives the administrative hearing or if he fails to
appear at the hearing without just cause, the suspension based upon the
arresting officer's report shall become final.
(J) The sole issues to be considered in an administrative hearing on
the operation of a motor vehicle while the person had a blood alcohol
content of fifteen one-hundredths of one percent or above are whether:
(1) the person was placed under arrest;
(2) the person was advised of the consequences of registering a
blood alcohol content of fifteen one-hundredths of one percent or above;
(3) the person registered a blood alcohol content of fifteen
one-hundredths of one percent or above on two sequential tests and that
there was not a variance of said tests of more than two one-hundreds of
one percent and that the lesser reading is at least fifteen one-hundredths
of one percent;
(4) the individual taking samples or administering the tests was
qualified in accordance with this section;
(5) the samples given and tests administered were given in
accordance with this section;
(6) videotape may be introduced by either side at the
administrative hearing only if the videotape is contradictory of the
breath tests results.
The department after the administrative hearing, if any, shall order in
writing that the suspension, or determination that there should be a
denial of issuance, either be rescinded or sustained. The period of
license suspension under this section shall be as follows:
(a) the period shall be three months if the person's driving
record shows no prior driving under the influence convictions or license
suspensions under this section or refusals to submit to the chemical tests
under this section or under Section 56-5-2950 during the immediately
preceding ten years;
(b) the period shall be one year if the person's driving record
shows one or more prior driving under the influence convictions or
license suspensions under this section or refusals to submit to the tests
under this section or under Section 56-5-2950 during the immediately
preceding ten years.
If the suspension is rescinded, the license must be promptly returned
within ten days and the temporary notice shall be marked rescinded and
shall serve as a temporary driver's license until the permanent drivers
license is returned.
(K) A person who is unconscious or otherwise in a condition
rendering him incapable of refusal is considered to be informed and not
to have withdrawn the consent provided by subsection (B) of this
section.
(L) When it is finally determined under the procedures of this
section that a nonresident's privilege to operate a motor vehicle in this
State has been suspended, the department shall give information in
writing of the action taken to the motor vehicle administrator of the state
of the person's residence and of any state in which he has a license and
shall forward the license to the appropriate state motor vehicle
administrator.
(M) A person required to submit to breath tests by a law enforcement
officer must be provided with a written report including the time of the
incident, the time of the breath tests, and the results of the breath tests.
A person administering a test at the request of the defendant shall record
in writing the time, method, and results of the test and promptly furnish
a copy to the arresting officer.
(N) A person whose driver's license is suspended under this section
is not required to file proof of financial responsibility.
(O) In any criminal prosecution only the lower of the breath tests
administered pursuant to this section is admissible as evidence.
(P) In the event a person's license suspension pursuant to this section
is rescinded, all records of the suspension must be deleted from the
department's records."
SECTION 3. Article 23, Chapter 5, Title 56 of the 1976 Code is
amended by adding:
"Section 56-5-2952. (A) In addition to any penalty imposed
by law, including additional driver's license suspensions, the Department
of Public Safety shall suspend for three months the driver's license of a
person under the age of twenty-one years who operates a motor vehicle
and who is determined to have a blood alcohol content of four
one-hundredths of one percent or above.
(B) A person under the age of twenty-one who operates a motor
vehicle in this State is considered to have given consent to chemical tests
of his breath or blood for the purpose of determining the presence of
alcohol.
(C) A law enforcement officer who has arrested a person under the
age of twenty-one who is operating a motor vehicle for a violation of
Chapter 5 of this Title (the Uniform Act Regulating Traffic on
Highways), or any other traffic offense established by a political
subdivision of this State, when the officer has probable cause to believe
that the person has a measurable amount of blood alcohol in his system
may order the testing of the person arrested to determine the presence of
blood alcohol.
(D) Tests must be administered at the direction of the arresting
officer. At the direction of the arresting officer, the person first must be
offered two breath tests to determine the alcohol content of his blood.
If the person is physically unable to provide an acceptable breath sample
because he has an injured mouth, is unconscious, or for any other reason
considered acceptable by licensed medical personnel, a blood sample
may be taken. Only one blood sample is required under the provisions
of this section. The breath tests must be administered by a person trained
and certified by the State Law Enforcement Division, using methods
approved by the division. The arresting officer may not administer the
tests. Blood samples must be taken by physicians licensed by the State
Board of Medical Examiners, registered nurses licensed by the State
Board of Nursing, or other medical personnel trained to administer these
tests in a licensed medical facility. Blood samples must be obtained and
handled in accordance with procedures approved by the division. The
division shall administer the provisions of this subsection and may
promulgate regulations necessary to carry out its provisions, which shall
include, but not be limited to, the following provisions:
(1) the breath test must be administered as soon as practicable
after the arrest;
(2) prior to the first breath test, the person administering the
breath test must observe the person to be tested for no less than twenty
minutes;
(3) any sequential breath test may not be administered less than
five minutes after the first breath test;
(4) the breath test results may be used to prove a person's
particular alcohol concentration if the pair of readings are from
consecutively administered breath tests, the readings do not differ from
each other by an alcohol concentration greater than two one-hundredths
of one percent and the lesser reading is at least four one-hundredths of
one percent;
(5) the breath testing instrument must be maintained and
calibrated by SLED at intervals not more than every one hundred days.
The costs of the tests administered at the direction of the arresting
officer must be paid from the general fund of the State.
(E) 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. No inference may be taken
from a person's failure to request additional tests. The failure or inability
of the person tested to obtain additional tests does not preclude the
consideration of the tests or samples taken at the direction of the
arresting officer. The arresting officer shall provide reasonable
assistance to the person to contact a qualified person to conduct
additional tests.
(F) A qualified person and his employer who obtain samples or
administer the tests or assist in obtaining samples or administration of
tests at the direction of a law enforcement officer are released from civil
and criminal liability unless the obtaining of samples or the tests are
performed in a negligent manner. No person may be required by the
officer ordering the tests to obtain or take any sample of blood.
(G) (1) If a person under arrest refuses, upon the request of the
arresting officer, to submit to chemical tests as provided in subsection
(D) of this section, none may be given, but the department, on the basis
of a report of the arresting officer that the arrested person was operating
a motor vehicle in this State with a measurable amount of blood alcohol
in his system and that the person refused to submit to the tests shall
suspend his license or permit to drive, or any nonresident operating
privilege for a period of three months. If the person is a resident without
a license or permit to operate a motor vehicle in this State the
department shall deny to the person the issuance of a license or permit
for three months after the date of the alleged violation. The report of the
arresting officer must include what grounds he had for believing that the
arrested person had been operating a motor vehicle in this State with a
measurable amount of blood alcohol in his system.
Upon suspending the license or permit to drive or nonresident
operating privilege of any person or upon determining that the issuance
of a license or permit must be denied to the person, as above directed in
this section, the department shall notify immediately the person in
writing and, upon the arrested person's request, the department shall
afford him an opportunity for a hearing in accordance with the State
Administrative Procedures Act, except that the scope of the hearing for
the purpose of this section must be limited to the issues of whether the
person was placed under arrest, whether the person had been informed
that he did not have to take the test but that his privilege to drive would
be suspended or denied if he refused to submit to the test, and whether
he refused to submit to the test upon request of the officer. A request for
an administrative review does not stay the suspension. The department
shall order that the suspension, or determination that there should be a
denial of issuance, either be rescinded or sustained.
(2) If a defendant under arrest, upon the request of the arresting
officer, submits to such tests as provided in subsection (D), and both test
results indicate a blood alcohol content of four one-hundredths of one
percent or above, the department shall suspend his license or permit to
drive or any nonresident's operating privilege for three months.
If both breath tests required by subsection (D) do not indicate a blood
alcohol content of four one-hundredths of one percent or above, the
person is considered not to have violated the provisions of this section.
(H) If the person refuses to submit to a test or if both tests register a
blood alcohol content of four one-hundredths of one percent or above,
the arresting officer, acting as an agent for the department, shall
immediately serve a notice and order of suspension on the arrested
person. The arresting officer shall take immediate possession of a
license or permit issued by the department. The notice and order of
suspension which he issues serves as a temporary license effective for
thirty days.
A copy of the completed notice and order of suspension form and the
driver's license taken into possession immediately must be forwarded
within two working days to the department by the officer along with a
copy of the report.
The suspension period begins thirty days after the issuance of the
notice and order of suspension. A request for an administrative review
does not stay the suspension. The notice and order of suspension must
advise the defendant of the right to obtain an administrative hearing as
provided in this section.
(I) The person arrested must request an administrative hearing
within ten days from the date of his arrest and be given the hearing
within thirty days from the date of the arrest. The temporary license
issued to the defendant shall remain effective until such time as an
administrative hearing is held by the department.
The hearing must be conducted in the manner provided by this
section. If the person waives the administrative hearing or if he fails to
appear at the hearing without just cause, the suspension based upon the
arresting officer's report shall become final.
(J) The sole issues to be considered in an administrative hearing on
the operation of a motor vehicle while the person under twenty-one
years of age had a blood alcohol content of four one-hundredths of one
percent or above are whether:
(1) the person was placed under arrest;
(2) the person was advised of the consequences of registering a
blood alcohol content of four one-hundredths of one percent or above;
(3) the person registered a blood alcohol content of four
one-hundredths of one percent or above on two consecutively
administered tests and that there was not a variance of the tests of more
than two one-hundredths of one percent and that the lesser reading is at
least four one-hundredths of one percent;
(4) the individual taking samples or administering the tests was
qualified in accordance with this section;
(5) the samples given and tests administered were given in
accordance with this section;
(6) videotape may be introduced by either side at the
administrative hearing only if the videotape is contradictory of the
breath tests results.
The department after the administrative hearing, if any, shall order
that the suspension, or determination that there should be a denial of
issuance, either be rescinded or sustained. The period of license
suspension under this section shall be as follows:
(a) The period shall be three months if the person's driving
record shows no prior driving under the influence or administrative
suspensions under this section or refusals to submit to the chemical tests
under this section or under Section 56-5-2950 during the time since the
person received his driver's license;
(b) The period shall be one year if the person's driving record
shows one or more prior driving under the influence convictions or
administrative suspensions under this section or refusals to submit to the
chemical tests under this section or under Section 56-5-2950 during the
time since the person received his driver's license.
If the suspension is rescinded, the license must be promptly returned.
(K) A person who is unconscious or otherwise in a condition
rendering him incapable of refusal is considered to be informed and not
to have withdrawn the consent provided by subsection (B) of this
section.
(L) When it is finally determined under the procedures of this
section that a nonresident's privilege to operate a motor vehicle in this
State has been suspended, the department shall give information in
writing of the action taken to the motor vehicle administrator of the state
of the person's residence and of any state in which he has a license and
shall forward the license to the appropriate state motor vehicle
administrator.
(M) A person required to submit to tests by an arresting officer must
be provided with a written report including the time of the incident, the
time of any breath tests or the time any sample is taken, and the results
of the breath tests. A person administering a test at the request of the
defendant shall record in writing the time, method, and results of the test
and promptly furnish a copy to the arresting officer.
(N) A person whose driver's license is suspended under this section
is not required to file proof of financial responsibility.
(O) In any criminal prosecution, only the lower breath test
administered pursuant to this section is admissible as evidence.
(P) In the event a person's license suspension pursuant to this section
is rescinded, all records of the suspension must be deleted from the
Department's records."
SECTION 4. Article 23, Chapter 5, Title 56 of the 1976 Code is
amended by adding:
"Section 56-5-2953. Upon a person being arrested for a
violation of Sections 56-5-2930 or 56-5-2945, or arrested under the
provisions of Sections 56-5-2951 or 56-5-2952, a videotape must be
made when considered possible by the investigating law enforcement
officer. This videotape may include, but is not limited to, the entire
breath test procedure, a sobriety test where feasible, any other similar
tests, or competent videotapes of the scene, or all of them. The
videotape shall be made at or about the time of the offense.
Upon written request to the arresting officer's agency and in a timely
manner, a copy of any videotape must be provided at a reasonable cost
to the defendant not to exceed the actual cost of time and materials. The
videotape is admissible as evidence and may be offered by either the
prosecution or the defense.
However, nothing in this section may be construed as prohibiting the
introduction of other competent evidence in the trials of violation of
Section 56-5-2930 or 56-5-2945. Failure by the law enforcement officer
of the arresting jurisdiction to provide a videotape is not alone grounds
for dismissal of any such charge, if the arresting officer submits a signed
affidavit certifying that the videotape equipment in the arresting
jurisdiction was at the time of the arrest in an inoperable condition even
though reasonable efforts had been made to maintain the equipment in
an operable condition, or in the alternative submits a signed affidavit
certifying that it is physically impossible to produce a videotape due to
exigent circumstances. Failure to produce such a videotape or an
affidavit by the arresting officer may be grounds for a dismissal.
All equipment to perform the videotaping as required by this section
of arrests for violations of Sections 56-5-2930, 56-5-2945, 56-5-2951,
and 56-5-2952 shall be funded as provided by the General Assembly in
the annual general appropriations act. The State Law Enforcement
Division shall administer the Implied Consent Laws of this State relating
to the operation of motor vehicles, hereinafter referred to as the Implied
Consent Program, involving, but not limited to, purchasing, supplying,
and maintaining all necessary equipment, including videotaping
equipment in traffic enforcement vehicles and videotaping and
displaying at all breath testing sites. The division is authorized to
receive funds remitted in accordance with this section, and to retain and
expend these funds for the operation of the Implied Consent Program as
considered necessary and appropriate by the division. The division is
authorized to carry forward any unexpended funds received in
accordance with this section as of June thirtieth of each year, and to
expend these carried forward funds for the operation of the Implied
Consent Program. The division is required to report the revenue
received under this section and the expenditures for which the revenue
was used as required in the division's annual appropriation request to the
General Assembly."
SECTION 5. Article 23, Chapter 5, Title 56 of the 1976 Code is
amended by adding:
"Section 56-5-2954. Any person whose driving privileges must
be suspended as a result of a conviction of a violation of this section
56-5-2951 or 56-5-2952 and who has filed an appeal of the suspension
may apply to a court of competent jurisdiction for an Order to Stay the
suspension of his driving privileges by the Department. Upon receipt of
a certified copy of the Notice of Appeal and the Order to Stay, the
Department shall stay its suspension. This Stay shall automatically
terminate once the appeal is concluded."
SECTION 6. Section 56-1-1330 of the 1976 Code, as amended by
Section 1348 of Act 181 of 1993, is further amended to read:
"Section 56-1-1330. The provisional driver's license provision
must include a mandatory requirement that the applicant enter an
Alcohol and Drug Safety Action Program certified by the Department
of Alcohol and other Drug Abuse Services and be assessed to determine
the extent and nature of an alcohol and drug abuse problem, if any, and
successfully complete treatment or education services recommended by
the program. The education services component of the program
must include a presentation by a victim or a member of a victim's family
of a driving under the influence charge. The applicant shall bear the
cost of the services which must be determined by the administering
agency and approved by the Department of Alcohol and other Drug
Abuse Services. The cost may not exceed seventy-five dollars for
assessment, one hundred twenty-five dollars for education services, two
hundred twenty-five dollars for treatment services, and three hundred
dollars in total for any and all services. The Department of Alcohol and
other Drug Abuse Services shall recommend subsequent cost changes
on an annual basis subject to the approval of the General Assembly. If
the applicant fails to complete successfully the services as directed by
the Department of Public Safety, the Department of Alcohol and other
Drug Abuse Services shall notify the Department of Public Safety, and
the provisional driver's license issued by the Department of Revenue
and Taxation Public Safety must be revoked, and the
suspension imposed for the full periods specified in Section 56-5-2990,
the suspension to begin on date of notification to the individual."
SECTION 7. Section 56-5-2950(d) of the 1976 Code, as amended
by Section 1420 of Act 181 of 1993, is further amended to read:
(d) If a person under arrest refuses, upon the request of a law
enforcement officer, to submit to chemical tests as provided in
subsection (a) of this section, none may be given, but the department, on
the basis of a report of the law enforcement officer that the arrested
person was operating a motor vehicle in this State while under the
influence of alcohol, drugs, or a combination of them and that the person
had refused to submit to the tests shall suspend his license or permit to
drive, or any nonresident operating privilege for a period of ninety days.
If the person is a resident without a license or permit to operate a motor
vehicle in this State, the department shall deny to the person the issuance
of a license or permit for a period of ninety days after the date of the
alleged violation. The ninety-day period of suspension begins with the
day after the date of the notice required to be given, unless a hearing is
requested as provided, in which case the ninety-day period begins with
the day after the date of the order sustaining the suspension or denial of
issuance. The report of the arresting officer must include what grounds
he had for believing that the arrested person had been operating a motor
vehicle in this State while under the influence of alcohol, drugs, or a
combination of them. If the arrested person took the chemical breath
test but refused to provide a blood or urine sample, the report of the
arresting officer must include what were his grounds for believing that
the arrested person was under the influence of drugs other than alcohol.
If a person who refuses, upon the request of a law enforcement
officer, to submit to chemical tests as provided in subsection (a) of this
section, pleads guilty or nolo contendere to, or forfeits bond for a first
offense violation of Section 56-5-2930, within thirty days of arrest, the
period of the suspension of driving privileges under this section must be
canceled and any suspension of driving privileges under Section
56-5-2990 for a first conviction may not exceed six months. If,
in the immediately preceding ten years, on any occasion the person
refused to submit to chemical tests as provided in subsection (a) of this
section, and the person was subsequently found guilty, plead guilty, or
nolo contendere to, or forfeited bond for a first offense violation of
Section 56-5-2930, 56-5-2945, 56-5-2951, or 56-5-2952, the period of
suspension for this refusal must be one year."
SECTION 8. This act takes effect on July 1, 1995, provided that
Section 56-5-2953 of the 1976 Code as added by Section 4 of this act
takes effect on July 1, 1995, only if the General Assembly in the
1995-96 annual general appropriations act appropriates additional funds
of at least one million one hundred seventy-eight thousand dollars to the
State Law Enforcement Division for the purchase and maintenance of
the equipment to perform the videotaping as provided by law./
Renumber sections to conform.
Amend totals and title to conform.
WILLIAM D. BOAN, for Committee.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year$see below
2. Estimated Cost to State-Annually
Thereafter$see below
House Bill 3345, as amended, amends Title 56 of the South Carolina
Code of Laws, 1976, relating to the suspension of driving privileges for
driving under the influence of alcohol. The bill adds Sections 56-5-2951
and 56-5-2952 which require that motor vehicle operators must have
their driver's license suspended for three months if found to have a blood
alcohol level above specified limits:
a) if 21 years or older, the blood alcohol limit is .15 % or above; or b)
if under 21 years, the blood alcohol limit is .04% or above. These
sections declare that drivers give implied consent to testing, that officers
arresting operators may require testing for blood alcohol levels, and that
operators refusing to submit to testing shall have their licenses
suspended for three months. These sections also provide for
administrative hearings to appeal suspensions.
This bill adds Section 56-5-2953 which requires the videotaping of all
breath tests and imposes a $35 fee to be paid by individuals at the time
of their conviction. The fee is to be remitted to the State Law
Enforcement Division (SLED).
The bill adds Section 56-5-2954 which allows for Appeals and Orders
to Stay Suspension.
The bill amends Section 56-1-1330 which requires all educational
programs to include a presentation by a victim or victim's family
member.
The bill amends Section 56-5-2950 (D) which automatically increases
the license suspension from three months to six months if the person
arrested was previously arrested (within the last ten years) for similar
DUI offenses.
The State Highway Department estimates costs to implement House
Bill 3345, as amended, as follows:
4 Administrative Specialists $54,432
4 Sets of Office Furniture 13,162
Software Development 10,500
Printing New Forms 10,000
TOTAL $88,094
Total Recurring $69,875
Total Non-Recurring $18,219
These costs would impact on the State Highway Fund and not the
State General Fund. The current level of reinstatement fee collections
are not anticipated to offset these increased costs for two reasons. The
amount received from reinstatement fees vary each year; and those
revenues are currently committed to funding other programs of the
department.
Section 56-5-2953 provides for the videotaping of chemical tests to
be admissible as evidence by either side. SLED shall supply and
maintain all necessary equipment, including the videotaping and
displaying at all breath testing sites and applicable courts.
SLED estimates the following costs to implement the provisions of
this bill:
FIRST YEAR COSTS
Camcorders
400 units at test sites
50 backup units at HQ
450 units x $800 $ 360,000
Camcorder Monitors (6" B/W; to monitor taping)
320 monitors at test sites
25 backup monitors
345 units x $100 34,500
TV & VCR (for courts)
400 at Magistrate & Municipal Courts
46 at General Session Courts
30 backup units
476 units x $750 357,000
VCRs (for mandatory duplication)
320 units at test sites x $400 128,000
160 12" monitors at test sites
x $200 32,000
Tapes
35,000 tapes x $3.00 105,000
Personnel
3 Criminologist/Agents 91,023
Operating Expenses
Office Furniture, Gun, Uniform, etc.45,000 (NR)
Supplies, Travel 17,987
Maintenance Testing Equipment 7,500
TOTAL FIRST YEAR COST $ 1,178,010
SECOND YEAR COSTS
Equipment Replacement Costs
Camcorders $ 237,600
TVs 33,320
VCRs 106,345
6" monitors 11,523
VCR tapes (35,000 @ $3.00) 105,000
Personnel
3 Criminalist/Agents 91,023
Supplies, Travel 17,987
Maintenance Agreements (TVs) 47,700
TOTAL ANNUAL COST $ 650,498
Costs should be somewhat defrayed by the $35 fee that is to be
assessed on all individuals at the time of conviction, guilty plea, or
forfeited bond. There are no complete records of conviction rates for
DUI cases statewide because there is no reporting mechanism for
municipal courts. However, the South Carolina Highway Patrol's
conviction rate for 20,684 DUI arrests in FY 1990-91 totaled 79%.
For projection purposes, assuming a 75% conviction rate, total estimated
revenue generated from the $35 fee can be projected as follows:
Crime to Court Statistics on DUI Arrests
YEAR DUI ARRESTS
1989 30,000
1990 27,529
1991 23,064
1992 19,804
1993 16,000 (PROJECTED)
1994 13,000 (PROJECTED)
13,000 DUI Arrests
x .75 Conviction Rate
9,750 Convictions
x $35 Fee
$ 341,250 Maximum Potential Revenue
x .72 Compliance Rate*
$ 245,700 Projected Annual Revenue
*Only 72% of those convicted actually remit the $35 fee and are
therefore in compliance with the law.
SUMMARY OF PROJECTIONS
YEAR COSTS REVENUES
1 $1,178,000 $245,700
2 $ 650,498 $245,700
3 $ 650,498 $245,700
Clearly, the costs to SLED exceed the projected annual revenue.
SLED indicates that it does not have adequate funds in its annual
appropriated budget to enforce the provisions of this bill. Therefore, the
agency would have to request an additional appropriation from the State
General Fund.
Prepared By: Approved By:
Robert J. Stein George N. Dorn, Jr.
State Budget Analyst State Budget Division
Scott Barnes
State Budget Analyst
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 56-1-285 SO AS TO PROVIDE THAT THE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
SHALL SUSPEND FOR NINETY DAYS THE DRIVER'S LICENSE
OF ANY PERSON UNDER THE AGE OF TWENTY-ONE WHO IS
DETERMINED TO HAVE A BLOOD ALCOHOL CONTENT OF
FOUR ONE-HUNDREDTHS OF ONE PERCENT OR ABOVE WHEN
OPERATING A MOTOR VEHICLE, TO PROVIDE THE
PROCEDURES TO BE FOLLOWED FOR THIS SUSPENSION AND
THAT IT IS IN ADDITION TO ANY OTHER PENALTIES IMPOSED
BY LAW; TO AMEND THE 1976 CODE BY ADDING SECTION
56-1-286 SO AS TO PROVIDE THAT THE DEPARTMENT SHALL
SUSPEND FOR NINETY DAYS THE DRIVER'S LICENSE OF ANY
PERSON TWENTY-ONE YEARS OF AGE OR OLDER WHO IS
DETERMINED TO HAVE A BLOOD ALCOHOL CONTENT OF
FIFTEEN ONE-HUNDREDTHS OF ONE PERCENT OR ABOVE
WHEN OPERATING A MOTOR VEHICLE, TO PROVIDE THE
PROCEDURES TO BE FOLLOWED FOR THIS SUSPENSION AND
THAT IT IS IN ADDITION TO ANY OTHER PENALTIES IMPOSED
BY LAW; AND TO AMEND THE 1976 CODE BY ADDING
SECTION 56-5-2951 SO AS TO PROVIDE THAT A PERSON
ARRESTED FOR CERTAIN VIOLATIONS OF LAW REGARDING
THE CONSUMPTION OF ALCOHOL WHILE DRIVING A MOTOR
VEHICLE MUST HAVE HIS CONDUCT VIDEOTAPED AT THE
LOCATION HE IS TAKEN FOR PURPOSES OF ADMINISTERING
A CHEMICAL TEST OF HIS BREATH, TO PROVIDE THE
PROCEDURES WHICH MUST BE FOLLOWED FOR THIS
VIDEOTAPING AND FOR THE FEE TO BE ASSESSED IN THESE
CASES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is
amended by adding:
"Section 56-1-285. (A) In addition to any penalty imposed by
law, including additional driver's license suspensions, the department
shall suspend for ninety days the driver's license of a person under the
age of twenty-one who operates a motor vehicle and who is determined
to have a blood alcohol content of four one-hundredths of one percent
or above.
(B) A person under the age of twenty-one who operates a motor
vehicle in this State is considered to have given consent to chemical tests
of his breath or blood for the purpose of determining the presence of
alcohol.
(C) A law enforcement officer who has arrested a person under the
age of twenty-one who is operating a motor vehicle for a violation of
Chapter 5 of this Title (the Uniform Act Regulating Traffic on
Highways), or any other traffic offense established by a political
subdivision of this State, may order the testing of the person arrested to
determine the presence of blood alcohol.
(D) Tests must be administered at the direction of the arresting
officer. At the direction of the arresting officer, the person first must be
offered two breath tests to determine the alcohol content of his blood.
If the person is physically unable to provide an acceptable breath sample
because he has an injured mouth, is unconscious, or for any other reason
considered acceptable by licensed medical personnel, a blood sample
may be taken. Only one blood test is required under the provisions of
this section. The breath tests must be administered by a person trained
and certified by the State Law Enforcement Division, using methods
approved by the division. The arresting officer may not administer the
tests. Blood tests must be administered by physicians licensed by the
State Board of Medical Examiners, registered nurses licensed by the
State Board of Nursing, or other medical personnel trained to administer
these tests in a licensed medical facility. Blood samples must be
obtained and handled in accordance with procedures approved by the
division. The division shall administer the provisions of this subsection
and may promulgate regulations necessary to carry out its provisions,
which shall include, but not be limited to, the following provisions:
(1) the test must be administered as soon as practicable after the
arrest;
(2) prior to the first test, the person administering the test must
observe the person to be tested for no less than twenty minutes;
(3) any sequential test may not be administered less than five
minutes after the first test;
(4) the test results may be used to prove a person's particular
alcohol concentration if the pair of readings are from consecutively
administered tests, and the readings do not differ from each other by an
alcohol concentration greater than two one-hundredths of one percent;
and
(5) the breath testing machine must be maintained and calibrated
by SLED at intervals not more than every ninety days.
The costs of the tests administered at the direction of the arresting
officer must be paid from the general fund of the State.
(E) 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. No inference may be taken
from a person's failure to request additional blood tests. The failure or
inability of the person tested to obtain additional tests does not preclude
the consideration of the tests or samples taken at the direction of the
arresting officer. The arresting officer shall provide reasonable
assistance to the person to contact a qualified person to conduct
additional tests.
(F) A qualified person and his employer who obtain samples or
administer the tests or assist in obtaining samples or administration of
tests at the direction of a law enforcement officer are released from civil
and criminal liability unless the obtaining of samples or the tests are
performed in a negligent manner. No person may be required by the
officer ordering the tests to obtain or take any sample of blood.
(G) If a person refuses, upon the request of the arresting officer, to
submit to chemical tests as provided in subsection (D), none may be
given and the Department of Highways and Public Transportation shall
suspend his license or permit to drive, or any nonresident's operating
privilege, for ninety days.
If a defendant under arrest, upon the request of the arresting officer,
submits to chemical tests as provided in subsection (D), and both test
results indicate a blood alcohol content of four one-hundredths of one
percent or above, the department shall suspend his license or permit to
drive or any nonresident's operating privilege for ninety days.
If the person is a resident without a license or permit to operate a
motor vehicle in this State, the department shall deny to the person the
issuance of a license or permit for ninety days after he would otherwise
be eligible to be licensed. No tests may be administered or samples
taken unless the person has been informed that he does not have to take
the tests 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.
If both breath tests required by subsection (D) do not indicate a blood
alcohol content of four one-hundredths of one percent or above, the
person is considered not to have violated the provisions of this section.
(H) If the tests register a blood alcohol content of four
one-hundredths of one percent or above, or if the person refuses to be
tested, the arresting officer, acting as an agent for the department, shall
immediately serve a notice and order of suspension on a person who
refuses to submit to the tests or on a person who submits to the chemical
tests the results of which both indicate a blood alcohol concentration of
four one-hundredths of one percent or greater by weight of alcohol. The
arresting officer shall take immediate possession of a license or permit
issued by the department and the notice and order of suspension which
he issues serves as a temporary license effective for twenty days.
A copy of the completed notice and order of suspension form and the
driver's license taken into possession must be forwarded within two
working days to the department by the officer along with a copy of the
report.
The suspension period begins twenty days after the issuance of the
notice and order of suspension. The notice and order of suspension must
advise the defendant of the right to obtain a judicial review as provided
in this section.
(I) The person arrested shall receive a judicial hearing before a
magistrate, municipal judge, or municipal recorder within twenty days
of his arrest unless he waives his right to this judicial hearing in writing.
The hearing must be conducted in the manner provided by this
section. If the person waives the judicial hearing or if he fails to appear
at the hearing without just cause, the suspension based upon the
arresting officer's report shall become final.
(J) The sole issues to be considered in a judicial review on the
refusal to take the chemical test are whether:
(1) the person was placed under arrest;
(2) the person was informed that he did not have to take the tests,
but that his privilege to drive must be suspended or denied if he refused
to submit to the tests upon request of the arresting officer;
(3) the person refused to submit to the tests upon request of the
arresting officer.
(K) The sole issues to be considered in a judicial review on the
operation of a motor vehicle while the person under twenty-one years of
age had a blood alcohol content of four one-hundredths of one percent
or above are whether:
(1) the person was placed under arrest;
(2) the person was advised of the consequences of registering a
blood alcohol content of four one-hundredths of one percent or above;
(3) the person registered a blood alcohol content of four
one-hundredths of one percent or above on two consecutively
administered tests and that there was not a variance of the tests of more
than two one-hundredths of one percent;
(4) the individual taking samples or administering the tests was
qualified in accordance with this section;
(5) the samples given and tests administered were given in
accordance with this section.
The department after the judicial review, if any, shall order that the
suspension, or determination that there should be a denial of issuance,
either be rescinded or sustained. If the suspension is rescinded, the
license must be promptly returned.
(L) A person who is unconscious or otherwise in a condition
rendering him incapable of refusal is considered to be informed and not
to have withdrawn the consent provided by subsection (B) of this
section.
(M) When it is finally determined under the procedures of this
section that a nonresident's privilege to operate a motor vehicle in this
State has been suspended, the department shall give information in
writing of the action taken to the motor vehicle administrator of the state
of the person's residence and of any state in which he has a license and
shall forward the license to the appropriate state motor vehicle
administrator.
(N) A person required to submit to tests by an arresting officer must
be provided with a written report including the time of the incident, the
time of the tests, and the results of the tests. A person administering a
test at the request of the defendant shall record in writing the time,
method, and results of the test and promptly furnish a copy to the
arresting officer.
(O) A person whose driver's license is suspended under this section
is not required to file proof of financial responsibility.
(P) In any criminal prosecution, only the lower breath test
administered pursuant to this section is admissible as evidence."
SECTION 2. Article 1, Chapter 1, Title 56 of the 1976 Code is
amended by adding:
"Section 56-1-286. (A) In addition to any penalty imposed
by law, including additional driver's license suspensions, the department
shall suspend for ninety days the driver's license of a person twenty-one
years or older who operates a motor vehicle and who is determined to
have a blood alcohol content of fifteen one-hundredths of one percent
or above.
(B) A person who operates a motor vehicle in this State is considered
to have given consent to chemical tests of his breath or blood for the
purpose of determining the presence of alcohol.
(C) A law enforcement officer who has arrested an operator of a
motor vehicle for any offense arising out of acts alleged to have been
committed while being under the influence of alcohol may order the
testing of the person arrested to determine the presence of blood alcohol.
(D) Tests must be administered at the direction of the arresting
officer. At the direction of the arresting officer, the person must be
offered two breath tests, or a second test if a first test has already been
given pursuant to the terms of Section 56-5-2950, to determine the
alcohol content of his blood. If the person is physically unable to
provide an acceptable breath sample because he has an injured mouth,
is unconscious, or for any other reason considered acceptable by
licensed medical personnel, a blood sample may be taken. Only one
blood test is required under the provisions of this section. The breath
tests must be administered by a person trained and certified by the State
Law Enforcement Division, using methods approved by the division.
The arresting officer may not administer the tests. Blood tests must be
administered by physicians licensed by the State Board of Medical
Examiners, registered nurses licensed by the State Board of Nursing, or
other medical personnel trained to administer these tests in a licensed
medical facility. Blood samples must be obtained and handled in
accordance with procedures approved by the division. The division
shall administer the provisions of this subsection and may promulgate
regulations necessary to carry out its provisions, which shall include, but
not be limited to, the following provisions:
(1) the test must be administered as soon as practicable after the
arrest;
(2) prior to the first test, the person administering the test must
observe the person to be tested for no less than twenty minutes;
(3) any sequential test may not be administered less than five
minutes after the first test;
(4) the test results may be used to prove a person's particular
alcohol concentration if the pair of readings are from consecutively
administered tests, and the readings do not differ from each other by an
alcohol concentration greater than two one-hundredths of one percent;
and
(5) the breath testing machine must be maintained and calibrated
by SLED at intervals not more than every ninety days.
The costs of the tests administered at the direction of the arresting
officer must be paid from the general fund of the State.
(E) 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. No inference may be taken
from a person's failure to request additional blood tests. The failure or
inability of the person tested to obtain additional tests does not preclude
the consideration of the tests or samples taken at the direction of the
arresting officer. The arresting officer shall provide reasonable
assistance to the person to contact a qualified person to conduct
additional tests.
(F) A qualified person and his employer who obtain samples or
administer the tests or assist in obtaining samples or administration of
tests at the direction of a law enforcement officer are released from civil
and criminal liability unless the obtaining of samples or the tests are
performed in a negligent manner. No person may be required by the
officer ordering the tests to obtain or take any sample of blood.
(G)(1) If a person under arrest refuses, upon the request of the
arresting officer, to submit to chemical tests as provided in subsection
(D) of this section, none may be given, but the department, on the basis
of a report of the arresting officer that the arrested person was operating
a motor vehicle in this State while under the influence of alcohol and
that the person refused to submit to the tests shall suspend his license or
permit to drive, or any nonresident operating privilege for a period of
ninety days. If the person is a resident without a license or permit to
operate a motor vehicle in this State the department shall deny to the
person the issuance of a license or permit for ninety days after the date
of the alleged violation. The ninety-day period of suspension begins
with the day the final determination is made pursuant to this section.
The report of the arresting officer must include what grounds he had for
believing that the arrested person had been operating a motor vehicle in
this State while under the influence of alcohol.
Upon suspending the license or permit to drive or nonresident
operating privilege of any person or upon determining that the issuance
of a license or permit must be denied to the person, as hereinbefore in
this section directed, the department shall notify immediately the person
in writing and, upon his request, shall afford him an opportunity for a
hearing in accordance with the State Administrative Procedures Act,
except that the scope of the hearing for the purpose of this section must
be limited to the issues of whether the person was placed under arrest,
whether the person had been informed that he did not have to take the
test but that his privilege to drive would be suspended or denied if he
refused to submit to the test, and whether he refused to submit to the test
upon request of the officer. The department shall order that the
suspension or determination that there should be a denial of issuance
either be rescinded or sustained.
(2) If a defendant under arrest, upon the request of the arresting
officer, submits to chemical tests as provided in subsection (D), and both
test results indicate a blood alcohol content of fifteen one-hundredths of
one percent or above, the department shall suspend his license or permit
to drive or any nonresident's operating privilege for ninety days.
If both breath tests required by subsection (D) do not indicate a blood
alcohol content of fifteen one-hundredths of one percent or above, the
person is considered not to have violated the provisions of this section.
(H) If the tests register a blood alcohol content of fifteen
one-hundredths of one percent or above, the arresting officer, acting as
an agent for the department, shall immediately serve a notice and order
of suspension on a person who submits to the chemical tests the results
of which both indicate a blood alcohol concentration of fifteen
one-hundredths of one percent or greater by weight of alcohol. The
arresting officer shall take immediate possession of a license or permit
issued by the department and the notice and order of suspension which
he issues serves as a temporary license effective for twenty days.
A copy of the completed notice and order of suspension form and the
driver's license taken into possession must be forwarded within two
working days to the department by the officer along with a copy of the
report.
The suspension period begins twenty days after the issuance of the
notice and order of suspension. The notice and order of suspension must
advise the defendant of the right to obtain a judicial review as provided
in this section.
(I) The person arrested shall receive a judicial hearing before a
magistrate, municipal judge, or municipal recorder within twenty days
of his arrest unless he waives his right to this judicial hearing in writing.
The hearing must be conducted in the manner provided by this
section. If the person waives the judicial hearing or if he fails to appear
at the hearing without just cause, the suspension based upon the
arresting officer's report shall become final.
(J) The sole issues to be considered in a judicial review on the
operation of a motor vehicle while the person had a blood alcohol
content of fifteen one-hundredths of one percent or above are whether:
(1) the person was placed under arrest;
(2) the person was advised of the consequences of registering a
blood alcohol content of fifteen one-hundredths of one percent or above;
(3) the person registered a blood alcohol content of fifteen
one-hundredths of one percent or above on two sequential tests and that
there was not a variance of said tests of more than two one-hundreds of
one percent;
(4) the individual taking samples or administering the tests was
qualified in accordance with this section;
(5) the samples given and tests administered were given in
accordance with this section.
The Department after the judicial review, if any, shall order that the
suspension, or determination that there should be a denial of issuance,
either be rescinded or sustained. If the suspension is rescinded, the
license must be promptly returned.
(K) A person who is unconscious or otherwise in a condition
rendering him incapable of refusal is considered to be informed and not
to have withdrawn the consent provided by subsection (B) of this
section.
(L) When it is finally determined under the procedures of this
section that a nonresident's privilege to operate a motor vehicle in this
State has been suspended, the department shall give information in
writing of the action taken to the motor vehicle administrator of the state
of the person's residence and of any state in which he has a license and
shall forward the license to the appropriate state motor vehicle
administrator.
(M) A person required to submit to tests by a law enforcement officer
must be provided with a written report including the time of the incident,
the time of the tests, and the results of the tests. A person administering
a test at the request of the defendant shall record in writing the time,
method, and results of the test and promptly furnish a copy to the
arresting officer.
(N) A person whose driver's license is suspended under this section
is not required to file proof of financial responsibility.
(O) In any criminal prosecution only the lower of the breath tests
administered pursuant to this section are admissible as evidence."
SECTION 3. The 1976 Code is amended by adding:
"Section 56-5-2951. Upon being arrested for a violation of
Sections 56-5-2930, 56-5-2945, 56-1-285, or 56-1-286 and taken by the
arresting officer to a location for purposes of administering the chemical
test of his breath, a person must have his conduct at this location
videotaped. This videotape shall include the entire breath test
procedure. At the beginning of the videotape, the person arrested must
be informed that he is being videotaped and of his rights pursuant to
Section 56-5-2950. This videotape is admissible as evidence by either
side.
However, nothing in this section may be construed as prohibiting the
introduction of other competent evidence in the trial of violation of
Sections 56-5-2930 or 56-5-2945. Failure by the law enforcement
officers of the arresting jurisdiction to produce a videotape is not alone
grounds for dismissal of any such charge if the arresting officer submits
a signed affidavit certifying that the videotape equipment in the arresting
jurisdiction was at the time of the arrest in an inoperable condition even
though reasonable efforts had been made to maintain the equipment in
an operable condition or, in the alternative, submits a signed affidavit
certifying that it is physically impossible to produce a videotape due to
exigent circumstances.
A fee of ten dollars is assessed all individuals at the time of conviction
of, pleading guilty or nolo contendere to, or forfeiting bond for Section
56-5-2930 or Section 56-5-2945. The fee must be collected by the
appropriate court official and remitted to SLED. The division shall
administer the Implied Consent Laws of this State relating to the
operation of motor vehicles, hereinafter referred to as the Implied
Consent Program, including supplying and maintaining all necessary
equipment, including videotaping and displaying at all breath testing
sites and all applicable courts. The division is authorized to receive
funds remitted in accordance with this section, and to retain and expend
these funds for the operation of the Implied Consent Program as
considered necessary and appropriate by the division. The division is
authorized to carry forward any unexpended funds received in
accordance with this section as of June thirtieth of each year, and to
expend these carried forward funds for the operation of the Implied
Consent Program. The division is required to report the revenue
received under this section and the expenditures for which the revenue
was used as required in the division's annual appropriation request to the
General Assembly.
The division shall promulgate those regulations necessary to
implement the provisions of this section and the Implied Consent
Laws."
SECTION 4. This act takes effect on July 1, 1993, except that the fee
assessed by Section 56-5-2951 must be collected beginning with the
effective date of this act at the time of conviction of, pleading guilty or
nolo contendere to, or forfeiting bond for violations of Sections
56-5-2930 or 56-5-2945.
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