Current Status Bill Number:5054 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980415 Primary Sponsor:Jennings All Sponsors:Jennings, Altman, Maddox, Harrison, Bauer Drafted Document Number:egm/18720djc.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Watercraft, Boats, DUI, chemical or blood tests to test presence of alcohol or drugs while operating, Transportation
Body Date Action Description Com Leg Involved
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House 19980422 Co-Sponsor added (Rule 5.2) by Rep. Bauer
House 19980415 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 50-21-114, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO CHEMICAL TEST OR ANALYSIS OF BREATH, BLOOD, OR URINE OF PERSONS ARRESTED FOR OPERATING WATERCRAFT OR EQUIPMENT, SO AS TO PROVIDE FOR A COMBINATION OF CHEMICAL TESTS OR BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL AND DRUGS WHEN THERE IS PROBABLE CAUSE TO BELIEVE A PERSON VIOLATED OR IS UNDER ARREST FOR OPERATING SPECIFIED WATERCRAFT AND EQUIPMENT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OR A COMBINATION OF ALCOHOL AND DRUGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-21-114(A)(1) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(1) A person who operates, navigates, steers, or drives a vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device, which is involved in a reportable boating accident or marine casualty upon the waters of this State, is considered to have given consent to a chemical test one or a combination of chemical tests or analysis of his breath, blood, or urine to determine the presence of alcohol or drugs if arrested for an offense arising out of acts alleged to have been committed while the person was operating or in physical control of a moving vessel while under the influence of alcohol, drugs, or a combination of them. A test The tests must be administered at the direction of a law enforcement officer who has apprehended a person for operating, navigating, steering, or driving a vessel, or being in actual physical control of a moving vessel, or manipulating any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of 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 reason considered acceptable by licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe 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 breath analysis reading is ten one-hundredths of one percent or above by weight of alcohol in the person's blood, the officer may but need not require additional tests of the person as provided in this chapter. The administration of one test to determine the presence of alcohol or drugs, or the presence of a combination of alcohol and drugs, in a person as provided in this chapter does not preclude the administration of other tests to determine the presence of alcohol, drugs, or both, in a person subject to testing under this chapter."
SECTION 2. Section 50-21-114(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C) The provisions of this section may not be construed as limiting the introduction of other competent evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them. The refusal, resistance, obstruction, or opposition to testing at the direction of a law enforcement officer pursuant to this section is admissible as evidence at the trial of a person charged with the offense that precipitated the request for testing."
SECTION 3. This act takes effect upon approval by the Governor.