H 3571 Joint Resolution, By B.H. Harwell
 A Joint Resolution proposing an amendment to Section 14, Article III of the
 Constitution of South Carolina, 1895, relating to immunity from prosecution
 for members of the General Assembly during the legislative session, so as to
 provide that this immunity from prosecution does not extend to traffic
 offenses involving reckless driving or operating a motor vehicle under the
 influence of alcohol or drugs and to provide that the General Assembly by law
 may also impose penalties or sanctions on its members, including the loss of
 legislative license plates, upon conviction for multiple traffic offenses.

   02/25/93  House  Introduced and read first time HJ-3
   02/25/93  House  Referred to Committee on Judiciary HJ-4

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMMUNITY FROM PROSECUTION FOR MEMBERS OF THE GENERAL ASSEMBLY DURING THE LEGISLATIVE SESSION, SO AS TO PROVIDE THAT THIS IMMUNITY FROM PROSECUTION DOES NOT EXTEND TO TRAFFIC OFFENSES INVOLVING RECKLESS DRIVING OR OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW MAY ALSO IMPOSE PENALTIES OR SANCTIONS ON ITS MEMBERS, INCLUDING THE LOSS OF LEGISLATIVE LICENSE PLATES, UPON CONVICTION FOR MULTIPLE TRAFFIC OFFENSES.

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

SECTION 1. It is proposed that Section 14, Article III of the Constitution of this State be amended to read:

"Section 14. The members of both houses shall be protected in their persons and estates during their attendance on, going to and returning from the General Assembly, and ten days previous to the sitting and ten days after the adjournment thereof. But However, these privileges shall not protect any member who shall be charged with treason, felony, or breach of the peace, or a traffic offense involving reckless driving or operating a motor vehicle under the influence of alcohol or drugs.

The General Assembly by law may also impose penalties or sanctions, including loss of legislative license plates, on its members upon conviction for multiple traffic offenses of any type.

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 14, Article III of the Constitution of this State, relating to immunity from prosecution for members of the General Assembly during the legislative session, be amended so as to provide that this immunity from prosecution does not extend to traffic offenses involving reckless driving or operating a motor vehicle under the influence of alcohol or drugs and to provide that the General Assembly by law may also impose penalties or sanctions on its members, including the loss of legislative license plates, upon conviction for multiple traffic offenses?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."