Bill 3037

                    Current Status

Bill Number:                    3037
Ratification Number:            134
Act Number:                     81
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950110
Primary Sponsor:                Kirsh
All Sponsors:                   Kirsh, Simrill, Meacham, S.
                                Whipper, Stille, Walker, Sandifer, Cain,
                                Whatley, Riser, Clyburn, Shissias
Drafted Document Number:        DKA\3456CM.95
Companion Bill Number:          3292
Date Bill Passed both Bodies:   19950530
Date of Last Amendment:         19950530
Governor's Action:              S
Date of Governor's Action:      19950607
Subject:                        Child endangerment

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19950607  Act No. A81
------  19950607  Signed by Governor
------  19950606  Ratified R134
House   19950530  Ordered enrolled for ratification
House   19950530  Conference Committee Report adopted      98 HCC
Senate  19950530  Conference Committee Report adopted      88 SCC
House   19950523  Conference powers granted,               98 HCC  Knotts
                  appointed Reps. to Committee of                  Scott
                  Conference                                       Kirsh
Senate  19950518  Conference powers granted,               88 SCC  Glover
                  appointed Senators to Committee                  Rose
                  of Conference                                    Stilwell
Senate  19950518  Insists upon amendment
House   19950518  Non-concurrence in Senate amendment
Senate  19950516  Amended, read third time,
                  returned to House with amendments
Senate  19950511  Amended, read second time,
                  ordered to third reading
                  with notice of general amendments
Senate  19950504  Committee report: Favorable with         11 SJ
                  amendment
Senate  19950216  Introduced, read first time,             11 SJ
                  referred to Committee
House   19950216  Read third time, sent to Senate
House   19950215  Read second time
House   19950214  Debate adjourned until
                  Wednesday, 19950215
House   19950209  Amended
House   19950208  Committee report: Favorable with         25 HJ
                  amendment
House   19950110  Introduced, read first time,             25 HJ
                  referred to Committee
House   19941214  Prefiled, referred to Committee          25 HJ

(A81, R134, H3037)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT, TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES, AND TO PROVIDE PENALTIES, TO PROVIDE THE COURT THAT HAS JURISDICTION OVER CERTAIN ALCOHOL-RELATED OFFENSES HAS JURISDICTION OVER THE OFFENSE OF CHILD ENDANGERMENT, AND TO PROVIDE THAT A FIRST OFFENSE CHARGE FOR A VIOLATION OF THIS OFFENSE MAY NOT BE USED AS THE ONLY EVIDENCE FOR TAKING A CHILD INTO CUSTODY.

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

Child endangerment

SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-2947. (A) A person eighteen years of age or over is guilty of child endangerment when:

(1) the person is in violation of:

(a) Section 56-5-2930; or

(b) Section 56-5-2945; and

(2) the person has one or more passengers under sixteen years of age in the motor vehicle when the violation occurs.

If more than one passenger under sixteen years of age is in the vehicle when a violation of subsection (A)(1) occurs, the person may be charged with only one violation of this section.

(B) Upon conviction the person must be punished by:

(1) a fine of not more than one-half of the maximum fine allowed for committing the violation enumerated in subsection(A)(1), when the person is fined for that offense;

(2) a term of imprisonment of not more than one-half of the maximum term of imprisonment allowed for committing the violation enumerated in subsection (A)(1), when the person is imprisoned for the offense; or

(3) both a fine and imprisonment as prescribed in items (1) and (2) when the person is fined and imprisoned for the offense.

(C) No portion of the penalty assessed under subsection (B) may be suspended or revoked and probation may not be awarded.

(D) In addition to imposing the penalties for offenses enumerated in subsection (A)(1) and the penalties contained in subsection (B), the department must suspend the person's driver's license for sixty days. Sections 56-1-1320 and 56-5-2990 as they relate to enrollment in an alcohol and drug safety action program and to the issuance of a provisional driver's license will not be effective until the sixty-day suspension period is completed.

(E) A person may be convicted under this section for child endangerment in addition to being convicted for an offense enumerated in subsection (A)(1).

(F) The court that has jurisdiction over an offense enumerated in subsection (A)(1) has jurisdiction over the offense of child endangerment.

(G) A first offense charge for a violation of this section may not be used as the only evidence for taking a child into protective custody pursuant to Section 20-7-610(A) and (F)."

Time effective

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

Approved the 7th day of June, 1995.