South Carolina General Assembly
113th Session, 1999-2000

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Bill 3673


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3673
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990304
Primary Sponsor:                  Simrill
All Sponsors:                     Simrill, Cotty, Klauber, Maddox, Allison, 
                                  Bailey, H. Brown, J. Brown, Cato, Edge, 
                                  Gamble, Gilham, Hamilton, Harrell, Harvin, 
                                  Haskins, Keegan, Kirsh, Leach, McGee, 
                                  Meacham-Richardson, Quinn, Rice, Rodgers, 
                                  R. Smith, Stille, Stuart, Trotter, Vaughn, 
                                  Walker, Wilder, Wilkins, Woodrum, 
                                  Young-Brickell, Barrett, Riser, Neilson, 
                                  Hawkins, J. Hines, W. McLeod, Pinckney
Drafted Document Number:          l:\council\bills\ggs\22188cm99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Blood alcohol content, percent of to be 
                                  guilty of DUI decreased; Transportation 
                                  Department, Traffic violations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990428  Co-Sponsor added (Rule 5.2) by Rep.            Pinckney
House   19990324  Co-Sponsor added (Rule 5.2) by Rep.            W. McLeod
House   19990318  Co-Sponsor added (Rule 5.2) by Rep.            J. Hines
House   19990318  Co-Sponsor added (Rule 5.2) by Rep.            Neilson
                                                                 Hawkins
House   19990310  Co-Sponsor added (Rule 5.2) by Rep.            Riser
House   19990309  Co-Sponsor added (Rule 5.2) by Rep.            Barrett
House   19990304  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.

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

SECTION 1. Section 56-5-2930 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:

"Section 56-5-2930. It is unlawful for a person to drive a motor vehicle within this State while under the:

(1) under the influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired;

(2) under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired; or

(3) under the combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired; or

(4) his alcohol concentration is ten one-hundredths of one percent or more."

SECTION 2. Section 56-5-2950(b)(3) of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:

"(3) If the alcohol concentration was at that time ten one-hundredths of one percent or more, it may be inferred that the person was under the influence of alcohol is conclusively presumed that the person had an illegal alcohol concentration.

The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them."

SECTION 3. This act takes effect upon approval by the Governor,

except the provisions in Sections 56-5-2930 and 56-5-2950 pertaining to an alcohol concentration of ten one-hundredths of one percent or more will change to eight one-hundredths of one percent or more, effective upon the ratification of an amendment to Section 1, Article VIII of the Constitution of South Carolina, 1895, relating to the sale of alcoholic liquors and beverages in sealed containers of two ounces or less.

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