Current Status Introducing Body:House Bill Number:4304 Primary Sponsor:Rama Committee Number:25 Type of Legislation:GB Subject:DUI third time offenders, newspaper photo Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/3547.AL Introduced Date:Jan 29, 1992 Last History Body:House Last History Date:Jan 29, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rama Hallman Fulmer R. Young Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
4304 House Jan 29, 1992 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF LIQUOR OR DRUGS, SO AS TO PROVIDE FOR NEWSPAPER PUBLICATION OF PHOTOGRAPHS OF PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE OF LIQUOR OR DRUGS FOR A THIRD OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2940 of the 1976 Code is amended to read:
"Section 56-5-2940. (A) A person violating who violates a provision of Section 56-5-2930, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail, must be punished in accordance with the following:
(1) By a fine of fined two hundred dollars or imprisonment for imprisoned not less than forty-eight hours nor more than thirty days, for the first offense. However, in lieu instead of the forty-eight hour minimum imprisonment the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu instead of the minimum sentence.
(2) By a fine of fined not less than two thousand dollars nor more than five thousand dollars and imprisonment for imprisoned not less than forty-eight hours nor more than one year for the second offense. However, the The fine imposed by this item may not be suspended in an amount less than one thousand dollars. In lieu of service Instead of imprisonment the court may require that the individual complete an appropriate term of public service employment of not less than ten days upon terms and conditions the court considers proper.
(3) By a fine of fined not less than three thousand, five hundred dollars nor more than six thousand dollars and imprisonment for imprisoned not less than sixty days nor more than three years, for the third offense.
(4) Imprisonment imprisoned for not less than one year nor more than five years for a fourth offense or subsequent offense.
No part of the minimum sentences provided in this section must may 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 of service for other sentences provided in this section instead of service of imprisonment. For a third offense or any subsequent offense or for a violation of Section 56-5-2945 as it relates to 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.
The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.
(B) (1) The clerk of the court in which a person is convicted a third time under subsection (A) shall cause to be published a notice of conviction. The notice of conviction must be published in the manner prescribed by law or court order in one newspaper of the county in which the person resides, or in the case of nonresidents, the county in which the person was convicted. The notice must be one column and contain the photograph taken by the arresting law enforcement agency at the time of arrest, the name and address of the convicted person, and the date, time, place of arrest, and disposition of the case. The notice must be published once in the appropriate county in the second week following the conviction or as soon after conviction as may be practicable.
(2) The convicted person for which a notice of conviction is published pursuant to this subsection must be assessed twenty-five dollars for the cost of publication and the assessment must be imposed at the time of conviction in addition to any other fined imposed by law.
(3) The clerk of the court, the publisher of the newspaper which publishes the notice, and any other person involved in the publication of an erroneous notice of conviction is immune from civil or criminal liability for the erroneous publication if the publication was made in good faith.
(C) For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail, for the violation of any law or ordinance of this State or any municipality of this State that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute constitutes a prior offense for the purpose of any prosecution for any a subsequent violation hereof. Only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this section.
(D) Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside."
SECTION 2. This act takes effect upon approval by the Governor.