H 3134 General Bill, By J.J. Snow, Allison, J.M. Baxley, A.W. Byrd, 
C.D. Chamblee, Cobb-Hunter, J.L.M. Cromer, Davenport, J.L. Harris, Haskins, 
Kennedy, Law, Littlejohn, D.E. McTeer, Richardson, Riser, I.K. Rudnick, 
C.H. Stone, Walker and C.C. Wells

Similar(S 186)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 56-5-2941 so as to provide that the court in sentencing a person convicted of
 operating a motor vehicle under the influence of intoxicating liquor or drugs,
 whether or not the person is a first or subsequent offender and if he is a
 resident of this State, may require an ignition interlock device to be affixed
 to the vehicle the person was driving if registered and licensed in his name
 or the name of a member of his immediate family, and to provide for the terms
 and conditions of the use of this ignition interlock device.

   01/14/93  House  Introduced and read first time HJ-12
   01/14/93  House  Referred to Committee on Judiciary HJ-12

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2941 SO AS TO PROVIDE THAT THE COURT IN SENTENCING A PERSON CONVICTED OF OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, WHETHER OR NOT THE PERSON IS A FIRST OR SUBSEQUENT OFFENDER AND IF HE IS A RESIDENT OF THIS STATE, MAY REQUIRE AN IGNITION INTERLOCK DEVICE TO BE AFFIXED TO THE VEHICLE THE PERSON WAS DRIVING IF REGISTERED AND LICENSED IN HIS NAME OR THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY, AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE USE OF THIS IGNITION INTERLOCK DEVICE.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-2941. In addition to the penalties required and authorized to be imposed against a person violating the provisions of Section 56-5-2930, the court may require such person, whether or not he is a first or subsequent offender and if he is a resident of this State, to have installed on the vehicle he was operating if it is registered and licensed in his name or in the name of a member of his immediate family an ignition interlock device designed to prevent the operation of the motor vehicle if the operator has consumed alcoholic beverages. The court in imposing the requirements of this section shall specify the length of time which the interlock device is required to be affixed to the vehicle, shall provide that the cost of the interlock device must be borne by the offender, and shall require the offender to periodically report to appropriate law enforcement or probation authorities for the purpose of verifying that the interlock device is affixed to the vehicle during the time required by the court.

If the offender is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may stipulate that the vehicle may not be operated for the length of time the interlock device was to be affixed to the vehicle."

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