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Bill Number: 2201 Ratification Number: 93 Act Number 58 Introducing Body: House Subject: Felony DUI, increase penalty for violation
(A58, R93, H2201)
AN ACT TO AMEND SECTION 56-5-2945, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONY DUI, SO AS TO INCREASE THE PENALTY FOR VIOLATION, PROVIDE THAT NO PART OF THE MANDATORY SENTENCES REQUIRED MAY BE SUSPENDED AND PROBATION MAY NOT BE GRANTED FOR ANY PORTION, AND TO DEFINE "GREAT BODILY INJURY" FOR PURPOSES OF THE SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
Penalties for felony DUI revised
SECTION 1. Section 56-5-2945 of the 1976 Code is amended to read:
"Section 56-5-2945. (A) Any person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a vehicle and when driving does any act forbidden by law or neglects any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes great bodily injury or death to any person other than himself, is guilty of a felony and upon conviction must be punished:
(1) by a mandatory fine of not less than five thousand dollars nor more than ten thousand dollars and mandatory imprisonment for not less than thirty days nor more than ten years when great bodily injury results;
(2) by a mandatory fine of not less than ten thousand dollars nor more than twenty-five thousand dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.
No part of the mandatory sentences required to be imposed by this section may be suspended, and probation may not be granted for any portion.
(B) As used in this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
SECTION 2. This act takes effect upon approval by the Governor.