H 4659 Session 110 (1993-1994)
H 4659 General Bill, By J.H. Hodges, J.L.M. Cromer, Delleney and S.E. Gonzales
Similar(S 1200)
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 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 t
02/02/94 House Introduced and read first time HJ-11
02/02/94 House Referred to Committee on Ways and Means HJ-13
02/03/94 House Recalled from Committee on Ways and Means HJ-33
02/03/94 House Referred to Committee on Judiciary HJ-33
02/23/94 House Committee report: Favorable with amendment
Judiciary HJ-5
03/24/94 House Amended HJ-43
03/24/94 House Read second time HJ-50
03/24/94 House Unanimous consent for third reading on next
legislative day HJ-50
03/25/94 House Read third time and sent to Senate HJ-4
03/29/94 Senate Introduced and read first time SJ-13
03/29/94 Senate Referred to Committee on Judiciary SJ-13
04/27/94 Senate Committee report: Favorable with amendment
Judiciary SJ-13
04/28/94 Senate Read second time SJ-50
04/28/94 Senate Ordered to third reading with notice of
amendments SJ-50
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 27, 1994
H. 4659
Introduced by REPS. Hodges, Gonzales, Cromer and
Delleney
S. Printed 4/27/94--S.
Read the first time March 29, 1994.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 4659), 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, 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, page 15, beginning on line 8, by
striking SECTION 23 in its entirety and inserting therein the following:
/SECTION 23. Regardless of when the costs, fees, fines, penalties,
forfeitures, other revenues, and assessments were imposed, if the
revenue from these costs, fees, fines, penalties, forfeitures, other
revenues, and assessments is received by the State Treasurer beginning
on January 1, 1995, then it must be disbursed pursuant to Sections
14-1-205, 14-1-206, 14-1-207, and 14-1-208.
SECTION 24. Upon approval by the Governor this act takes effect
January 1, 1995./
Amend title to conform.
ADDISON "JOE" WILSON, for Committee.
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 January 1,
1995, 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 monthly by the fifteenth day of each month 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 January 1, 1995, 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 to the State
Treasurer on a monthly basis by the fifteenth day of each month 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."
SECTION 3. The 1976 Code is amended by adding:
"Section 14-1-207. (A) Beginning January 1, 1995, 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 to the State
Treasurer on a monthly basis by the fifteenth day of each month 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."
SECTION 4. The 1976 Code is amended by adding:
"Section 14-1-208. (A) Beginning January 1, 1995, 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 52 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 to the State
Treasurer on a monthly basis by the fifteenth day of each month 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) 25.79 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) 25.5 percent to the South Carolina Law Enforcement Training
Council program of training in the fields of law enforcement and
criminal justice;
(3) .67 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) 19.06 percent for the State Office of Victim Assistance;
(5) 7.97 percent to the general fund;
(6) 19.38 percent to the Office of Indigent Defense for the defense
of indigents;
(7) 1.63 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."
SECTION 5. The 1976 Code is amended by adding:
"Section 14-1-209. (A) If a payment for a fine and
assessment levied in the circuit or family court is made in installments,
the clerk of court must treat 62 percent of each installment as payment
for a fine and distribute it pursuant to Section 14-1-205 and 38 percent
of each installment as payment for an assessment and distribute it
pursuant to Section 14-1-206.
(B) If a payment for a fine and assessment levied in the magistrate's
court is made in installments, the magistrate must treat 47 percent of
each installment as payment for an assessment and distribute it pursuant
to Section 14-1-207.
(C) If a payment for a fine and assessment levied in the municipal
court is made in installments, the municipal court judge must treat 40
percent of each installment as payment for an assessment and distribute
it pursuant to Section 14-1-208."
SECTION 6. The 1976 Code is amended by adding:
"Section 11-5-175. The State Treasurer shall report quarterly
to the departments or agencies receiving monies from fines or
assessments the amount received from the county treasurers and city
treasurers for fines and assessments received pursuant to Sections
14-1-205, 14-1-206, 14-1-207, and 14-1-208. The State Treasurer also
must include in this report the amount of money credited by the State
Treasurer to the department or agency. A copy of the State Treasurer's
report must be made available to the chief administrator of a county and
municipality upon request."
SECTION 7. The 1976 Code is amended by adding:
"Section 11-7-25. The State Auditor shall examine periodically
the books, accounts, receipts, disbursements, vouchers, and records of
the county treasurers, municipal treasurers, county clerks of court,
magistrates, and municipal courts to report whether fines and
assessments imposed pursuant to Sections 14-1-205, 14-1-206,
14-1-207, and 14-1-208 are properly collected and remitted to the State
Treasurer. The State Auditor shall submit a report of findings to the
State Treasurer and to the Division of Court Administration of the
Judicial Department. A copy of all audits conducted by the State
Auditor must be made available to the affected agency or department
and the chief administrator of a county or municipality upon request.
The State Auditor, by January 15, 1995, shall prepare and submit to
the House Judiciary Committee, the Senate Judiciary Committee, the
House Ways and Means Committee, and the Senate Finance Committee,
an Audit Plan for accomplishing the requirements of this section along
with the estimated cost of implementation."
SECTION 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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. Upon
forfeiture in general sessions court, the fine portion of
the bail must be distributed as provided in subitem (1) of this
item Section 14-1-205. 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 15. 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 16. 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 17. 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 18. 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 19. 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 20. 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 21. Item 6 of Section 16-11-700(E) and Sections
14-1-210, 14-1-212, 14-1-213, 20-7-1510, 23-6-470, 24-23-210,
44-53-580, 56-1-725, 61-13-480, and 61-13-490 of the 1976 Code are
repealed.
SECTION 22. In addition to other provisions of law, beginning January
1, 1995, each clerk of court, magistrate, and municipal court judge must
keep an account of all costs, fees, fines, penalties, forfeitures, and other
revenues generated by the courts as well as a separate account of all
assessments generated by the courts. The accounts for the period of
January 1, 1995, to April 1, 1995, must be submitted in writing to the
General Assembly and to Court Administration no later than April 15,
1995, on a form prescribed by the Division of Court Administration of
the Judicial Department.
No later than April 15, 1995, the State Treasurer must forward to the
General Assembly and to Court Administration an account of all revenue
and assessments received pursuant to this act between January 1, 1995,
and April 1, 1995.
Upon receipt of the reports, the General Assembly shall review the
data and make a determination as to whether or not the amount of
revenue and assessments collected and distributed to each recipient
agency and governmental entity pursuant to this act, annualized, is
approximately equal to or greater than the amount of revenue and
assessments collected and distributed to each recipient agency and
governmental entity the previous calendar year. If a determination is
made by the General Assembly that any recipient agency or
governmental entity is receiving less revenue under the provisions of
this act than the previous calendar year, the General Assembly, by
legislation, shall adjust the appropriate percentages contained in this act
to ensure that each recipient agency and governmental entity receives
the share of revenue to which it is entitled.
SECTION 23. Upon approval by the Governor this act takes effect
January 1, 1995.
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