Current Status Bill Number:3112 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:Kirsh All Sponsors:Kirsh, Meacham, Stille, Stuart Drafted Document Number:DKA\3528CM.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:DUI
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950110 Introduced, read first time, 25 HJ
referred to Committee
House 19941214 Prefiled, referred to Committee 25 HJ
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TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF THE BLOOD OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC ROADS OF THIS STATE, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A PERSON'S BLOOD USED TO CREATE PRESUMPTIONS WHICH MUST BE USED IN DETERMINING THE GUILT OF PERSONS VIOLATING THE PROVISIONS OF SECTION 56-5-2930 AND PROVIDE THAT IT MUST BE INFERRED THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS AT THAT TIME EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD; AND TO PROVIDE A TRANSITION PERIOD FOR THE REDUCTION OF THE PERCENTAGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2950(b)(1), (2), and (3) of the 1976 Code are amended to read:
"(1) If there was at that time five four one-hundredths of one percent or less by weight of alcohol in the person's blood, it is conclusively presumed conclusively that the person was not under the influence of alcohol.
(2) If there was at that time in excess of five four one-hundredths of one percent but less than ten nine one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other competent evidence in determining the guilt or innocence of the person.
(3) If there was at that time ten nine one-hundredths of one percent or more by weight of alcohol in the person's blood, it may must be inferred that the person was under the influence of alcohol."
SECTION 2. (A) The percentage of four one-hundredths of one percent by weight of alcohol referred to in Section 56-5-2950(b)(1) is reduced to three one-hundredths of one percent effective July 1, 1996.
(B) The percentages of four and nine one-hundredths of one percent by weight of alcohol referred to in Section 56-5-2950(b)(2) are reduced to three and eight one-hundredths of one percent respectively effective July 1, 1996.
(C) The percentage of nine one-hundredths of one percent by weight of alcohol referred to in Section 56-5-2950(b)(3) is reduced to eight one-hundredths of one percent effective July 1, 1996.
SECTION 3. This act takes effect July 1, 1995.