Current Status Bill Number:683 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:19970422 Primary Sponsor:Hutto All Sponsors:Hutto, Martin, Rose and Ford Drafted Document Number:s-res\hutto\res1395.cbh Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Datamaster breathalyser test, State Law Enforcement Division to submit test to Medical University; Transportation, DUI
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980212 Committed to Committee 11 SJ
Senate 19970429 Read second time, ordered to
third reading with notice of
general amendments, carrying
over all amendments to third
reading
Senate 19970422 Introduced, read first time,
placed on Calendar without reference
View additional legislative information at the LPITS web site.
INTRODUCED
April 22, 1997
S. 683
S. Printed 4/22/97--S.
Read the first time April 22, 1997.
DIRECTING THE STATE LAW ENFORCEMENT DIVISION (SLED) TO SUBMIT THE DATAMASTER BREATHALYSER TEST TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, OR COMPARABLE MEDICAL RESEARCH FACILITY IN THIS STATE, FOR EXTENSIVE TESTING ON HUMAN BEINGS TO DETERMINE THE ACCURACY OF THE TEST IN DETERMINING THE BLOOD ALCOHOL LEVEL OF A PERSON WHEN ADMINISTERED BY MEMBERS OF LAW ENFORCEMENT; TO REQUIRE SLED TO SUBMIT THE NECESSARY EQUIPMENT TO THE MEDICAL FACILITY WITHIN TEN DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION; TO REQUIRE THAT THE MEDICAL FACILITY CONDUCT ITS STUDY WITHIN ONE HUNDRED AND EIGHTY DAYS AND PROVIDE SLED WITH A REPORT WHICH SLED MUST PROVIDE TO THE GENERAL ASSEMBLY BY JANUARY 1, 1998.
Whereas, a test, commonly called a "breathalyser" test, of a person's breath is used by law enforcement officers to establish the presence of alcohol if a person is arrested for operating a motor vehicle while under the influence of alcohol; and
Whereas, several proposed bills introduced this year would place increased weight on the results of the "breathalyser" test in determining whether a person is guilty of driving under the influence; and
Whereas, legislation is being considered to amend the existing law that provides that "if there is ten one-hundredths of one percent (.10) or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol" so as to provide that it "is conclusively presumed that the person had an illegal alcohol concentration"; and
Whereas, legislation is being considered to require the suspension of the driver's license of a person under the age of twenty-one who has an alcohol concentration of two one-hundredths of one percent (.02) or more; and
Whereas, the General Assembly realizes that the breathalyser test must be extremely accurate if it is to be relied on as the means to determine blood alcohol levels which impacts so heavily on the penalty imposed on the driver. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The State Law Enforcement Division must submit the breathalyser machine used by law enforcement in this State, known as the Datamaster, to the Medical University of South Carolina, or comparable medical research facility, for extensive testing on human beings to determine the accuracy of the test in determining the blood alcohol level of a person when administered by members of law enforcement. SLED must submit the necessary equipment to the medical facility within ten days of the effective date of this resolution. The medical facility must conduct its study within one hundred and eighty days and provide SLED with a report which SLED must provide to the General Assembly by January 1, 1998.
SECTION 2. This act takes effect upon approval by the Governor.