Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.544 Ratification Number:442 Act Number:390 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990302 Primary Sponsor:Hayes All Sponsors:Hayes, J. Verne Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman Drafted Document Number:l:\council\bills\ggs\22196cm99.doc Date Bill Passed both Bodies:20000622 Date of Last Amendment:20000621 Governor's Action:S Date of Governor's Action:20000720 Subject:DUI Per Se, driving with unlawful alcohol concentration; Transportation Department, Traffic, Motor Vehicles, Breath test History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000731 Act No. A390 ------ 20000720 Signed by Governor ------ 20000622 Ratified R442 House 20000622 Ordered enrolled for ratification House 20000621 Free Conference Committee Report 99 HFCC adopted House 20000621 Free Conference Powers granted, 99 HFCC Cotty appointed Reps. to Committee of Simrill Free Conference Lucas Senate 20000621 Free Conference Committee Report 89 SFCC adopted Senate 20000621 Free Conference Powers granted, 89 SFCC Saleeby appointed Senators to Committee Hutto of Free Conference Hayes House 20000621 Free Conference powers rejected House 20000601 Conference powers granted, 98 HCC Cotty appointed Reps. to Committee of Simrill Conference Lucas Senate 20000601 Conference powers granted, 88 SCC Saleeby appointed Senators to Committee Hutto of Conference Hayes Senate 20000601 Insists upon amendment House 20000601 Non-concurrence in Senate amendment ------ 20000601 Scrivener's error corrected Senate 20000531 House amendments amended, returned to House with amendment House 20000531 Read third time, returned to Senate with amendment House 20000530 Amended, read second time House 20000525 Debate interrupted by adjournment House 20000524 Request for debate by Representative Harrison Altman R. Smith Sharpe Easterday Harrell Hamilton Rutherford F. Smith Scott Tripp Cotty W. McLeod Quinn ------ 20000523 Scrivener's error corrected House 20000518 Committee report: Favorable with 25 HJ amendment House 20000302 Introduced, read first time, 25 HJ referred to Committee ------ 20000302 Scrivener's error corrected Senate 20000301 Amended, read third time, sent to House Senate 20000229 Debate interrupted by adjournment Senate 20000224 Debate interrupted by adjournment Senate 20000224 Co-Sponsor removed by Senator Ravenel Senate 20000224 Amended Senate 20000223 Debate interrupted by adjournment ------ 20000223 Scrivener's error corrected Senate 20000222 Amended, debate interrupted by adjournment Senate 20000217 Debate interrupted by adjournment Senate 20000217 Amended Senate 20000216 Debate interrupted by adjournment ------ 20000216 Scrivener's error corrected Senate 20000215 Amended, debate interrupted by adjournment Senate 20000209 Debate interrupted by adjournment Senate 20000203 Made Special Order ------ 20000202 Scrivener's error corrected Senate 20000201 Amended, read second time, ordered to third reading with notice, carrying over all amendments to third reading Senate 20000119 Debate interrupted by adjournment, not to be taken up until Tuesday, 20000201 Senate 20000112 Made Special Order Senate 19990420 Committee report: majority 11 SJ favorable, minority unfavorable Senate 19990302 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on April 20, 1999 - Word format Revised on February 1, 2000 - Word format Revised on February 2, 2000 - Word format Revised on February 15, 2000 - Word format Revised on February 16, 2000 - Word format Revised on February 17, 2000 - Word format Revised on February 22, 2000 - Word format Revised on February 23, 2000 - Word format Revised on February 24, 2000 - Word format Revised on March 1, 2000 - Word format Revised on March 2, 2000 - Word format Revised on May 18, 2000 - Word format Revised on May 23, 2000 - Word format Revised on May 30, 2000 - Word format Revised on May 31, 2000 - Word format Revised on June 1, 2000 - Word format Revised on June 21, 2000 - Word format
(A390, R442, S544)
AN ACT TO AMEND SECTION 14-1-211, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETENTION OF CERTAIN SURCHARGES COLLECTED BY A COURT TO BE USED TO PROVIDE SERVICES TO CRIME VICTIMS, SO AS TO IMPOSE A SURCHARGE ON A PERSON CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND USE THE REVENUE COLLECTED PURSUANT TO THE SURCHARGE TO PROVIDE SERVICES FOR VICTIMS OF CRIME, TO IMPOSE AN ADDITIONAL SURCHARGE ON A PERSON CONVICTED OF DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER DRUG OR SUBSTANCE, AND ON A PERSON CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND USE THE REVENUE COLLECTED PURSUANT TO THIS SURCHARGE TO FUND SPINAL CORD RESEARCH BY THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND OPERATING AND ADMINISTRATIVE COSTS INCURRED BY MUNICIPAL AND COUNTY GOVERNMENTS RELATED TO THE COLLECTION OF THESE SURCHARGES, AND TO PROVIDE THAT A REPORT DETAILING THE USE OF REVENUES COLLECTED PURSUANT TO THESE SURCHARGES MUST BE FURNISHED TO THE GENERAL ASSEMBLY ON AN ANNUAL BASIS; TO AMEND CHAPTER 38, TITLE 44, RELATING TO HEAD AND SPINAL CORD INJURIES, BY ADDING ARTICLE 5, SO AS TO CREATE THE SPINAL CORD RESEARCH BOARD FOR THE PURPOSE OF ADMINISTERING THE SPINAL CORD RESEARCH FUND WHICH REVENUES ARE GENERATED PURSUANT TO A SURCHARGE IMPOSED UPON PERSONS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, AND TO PROVIDE FOR THE BOARD'S COMPOSITION, APPOINTMENT OF ITS MEMBERS, MEMBERS' TERMS OF SERVICE, ELECTION OF OFFICERS, MEETING DATES, LIABILITY FOR LOSSES SUSTAINED OR DAMAGES SUFFERED ON ACCOUNT OF AN ACTION OR INACTION OF THE BOARD, COMPENSATION, DUTIES, AND RESPONSIBILITIES; TO AMEND SECTION 56-1-286 RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND HAS A CERTAIN ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT A PERSON WHO PREVIOUSLY WAS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION WITHIN A CERTAIN PERIOD OF TIME WHO REFUSES TO SUBMIT TO CHEMICAL TESTS UNDER CERTAIN CIRCUMSTANCES MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE SUSPENDED OR DENIED FOR ONE YEAR, TO PROVIDE THAT IF A PERSON WHO PREVIOUSLY WAS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION WITHIN A CERTAIN PERIOD OF TIME AND REGISTERS AN ALCOHOL CONCENTRATION OF TWO-HUNDREDTHS OF ONE PERCENT OR MORE MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE SUSPENDED OR DENIED FOR SIX MONTHS, TO PROVIDE THAT A PERSON WHOSE PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED UNDER THESE CIRCUMSTANCES MUST HAVE THIS PRIVILEGE RESTORED ONCE THE SUSPENSION PERIOD IS CONCLUDED EVEN IF HE HAS NOT COMPLETED THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM IN WHICH HE IS ENROLLED AND WHICH MUST BE COMPLETED FOR HIM TO MAINTAIN HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE, TO PROVIDE THAT A PERSON MUST BE ATTENDING OR HAVE COMPLETED AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM UNDER CERTAIN CIRCUMSTANCES BEFORE HIS DRIVING PRIVILEGES MAY BE RESTORED AT THE CONCLUSION OF THE SUSPENSION PERIOD, TO REVISE THE PERIOD FROM TEN TO THIRTY DAYS IN WHICH A PERSON MAY REQUEST AN ADMINISTRATIVE HEARING AND ENROLL IN AN ALCOHOL SAFETY ACTION PROGRAM, OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE AFTER BEING ISSUED A NOTICE OF SUSPENSION OF HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE, OR BE SUBJECT TO CERTAIN PENALTIES FOR FAILING TO ACT WITHIN THIS PERIOD OF TIME, TO REVISE THE PERIOD FROM TEN DAYS TO THIRTY DAYS IN WHICH AN ADMINISTRATIVE HEARING MUST BE HELD AFTER ONE IS REQUESTED BY A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION OF HIS PRIVILEGE TO OPERATE HIS MOTOR VEHICLE, TO DELETE THE PROVISION THAT ALLOWS A CONTINUANCE TO BE GRANTED FOR AN ADMINISTRATIVE HEARING UPON A SHOWING OF EXIGENT CIRCUMSTANCES, TO PROVIDE THAT IF THE DEPARTMENT OF PUBLIC SAFETY DOES NOT HOLD AN ADMINISTRATIVE HEARING WITHIN THIRTY DAYS, IT MUST ISSUE AN ORDER THAT PROVIDES THE REASONS WHY THE HEARING WAS NOT HELD AND SCHEDULE A NEW HEARING, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT ISSUE A WRITTEN ORDER WITHIN THIRTY DAYS OR FAILS WITHIN THIRTY DAYS TO NOTIFY THE DEFENDANT OF A NEW HEARING DATE, THEN THE PERSON MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE RESTORED, AND TO DELETE A REFERENCE TO THE USE OF DIVISION PROCEDURES IN THE ADMINISTRATION OF TESTS AND THE TAKING OF SAMPLES PURSUANT TO THIS SECTION; TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE TO A PERSON CONVICTED OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO PERSONS CONVICTED OF OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG OR A COMBINATION OF ALCOHOL AND OTHER DRUGS OR SUBSTANCES UNDER SECTION 56-5-2930, AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION UNDER SECTION 56-5-2933; TO AMEND SECTION 56-5-2930, AS AMENDED, RELATING TO THE OPERATING OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG OR A COMBINATION OF ALCOHOL AND OTHER DRUGS OR SUBSTANCES, SO AS TO MAKE A TECHNICAL CHANGE; BY ADDING SECTION 56-5-2933 SO AS TO ESTABLISH THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND PROVIDE PROCEDURES FOR THE PROSECUTION AND DEFENSE OF A PERSON CHARGED WITH THIS OFFENSE; BY ADDING SECTIONS 56-5-2934 AND 56-5-2935 SO AS TO PROVIDE THAT A PERSON CHARGED WITH OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANY OTHER DRUG OR A COMBINATION OF DRUGS OR SUBSTANCES, DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION OR CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS SHALL HAVE THE RIGHT TO COMPULSORY PROCESS FOR OBTAINING CERTAIN WITNESSES, DOCUMENTS, OR BOTH, TO PROVIDE THAT AT THE TIME OF AN ARREST FOR THESE OFFENSES, THE ARRESTING OFFICER MUST INFORM THE DEFENDANT OF HIS RIGHT TO ALL HEARINGS PROVIDED BY LAW AND PROVIDE HIM WITH THE APPROPRIATE FORM TO REQUEST THE HEARINGS, AND TO PROVIDE THAT A PERSON CHARGED WITH ONE OF THESE OFFENSES HAS THE RIGHT TO A SPEEDY AND PUBLIC TRIAL BY AN IMPARTIAL JURY; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND TO MAKE TECHNICAL CHANGES; BY ADDING SECTION 56-5-2941 SO AS TO PROVIDE THAT IN ADDITION TO THE PENALTIES IMPOSED ON A PERSON WHO OPERATES A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, OR WHO CAUSES GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO PROVIDE THAT THE COURT MAY REQUIRE THE PERSON TO HAVE INSTALLED ON THE VEHICLE HE WAS OPERATING UNDER CERTAIN CIRCUMSTANCES AN IGNITION INTERLOCKS DEVICE DESIGNED TO PREVENT THE OPERATION OF THE MOTOR VEHICLE IF THE OPERATOR HAS CONSUMED ALCOHOLIC BEVERAGES, AND PROVIDE THE CONDITIONS UPON WHICH THE DEVICE MUST BE INSTALLED AND OPERATED; BY ADDING SECTION 56-5-2949 SO AS TO PROVIDE THAT ANY SOUTH CAROLINA LAW ENFORCEMENT DIVISION POLICY, PROCEDURE, OR REGULATION RELATING TO BREATH ALCOHOL TESTING, BREATH SITE VIDEOTAPING, OR IGNITION INTERLOCKS IN EFFECT AFTER A CERTAIN DATE BE PUBLICLY ACCESSIBLE ON THE AGENCY'S INTERNET WEBSITE, AND TO PROVIDE A PROCEDURE FOR REMOVING THIS INFORMATION FROM THE AGENCY'S WEBSITE; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A MOTOR VEHICLE OPERATOR'S IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF HIS BLOOD, SO AS TO PROVIDE THAT A BREATH TEST MUST BE ADMINISTERED BY A PERSON TRAINED BY THE DEPARTMENT OF PUBLIC SAFETY AND NOT BY SLED PURSUANT TO SLED POLICIES, TO REVISE THE PERIOD OF TIME A PERSON HAS A RIGHT TO REQUEST AN ADMINISTRATIVE HEARING AND ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM FROM TEN TO THIRTY DAYS AFTER THE ISSUANCE OF A NOTICE OF SUSPENSION OF A PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE, TO PROVIDE THAT A PERSON'S REQUEST FOR ADDITIONAL BLOOD OR URINE TESTS IS NOT ADMISSIBLE AGAINST THE PERSON IN A CRIMINAL TRIAL, TO PROVIDE THAT THIS PROVISION APPLIES TO A CRIMINAL PROSECUTION OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, TO PROVIDE THAT IF A PERSON'S ALCOHOL CONCENTRATION WAS AT THE TIME OF A CHEMICAL TEST TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE AND THE ORIGINAL TESTING OF THE PERSON'S BREATH OR COLLECTION OF OTHER BODILY FLUIDS WAS PERFORMED WITHIN TWO HOURS OF THE TIME OF HIS ARREST, THEN THE PERSON IS GUILTY OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSING TO SUBMIT TO TESTING TO DETERMINE WHETHER THE PERSON IS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR THE COMBINATION OF ALCOHOL AND DRUGS, OR FOR HAVING CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT CERTAIN PROVISIONS CONTAINED IN THIS STATUTE APPLY TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, TO REVISE FROM TEN DAYS TO THIRTY DAYS THE PERIOD OF TIME IN WHICH A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION UNDER CERTAIN CIRCUMSTANCES MUST ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM, AND PROVIDE THAT A PERSON WHO FAILS TO ENROLL IN THE PROGRAM WITHIN THIRTY DAYS IS SUBJECT TO CERTAIN PENALTIES, TO REVISE FROM TEN DAYS TO THIRTY DAYS THE PERIOD OF TIME IN WHICH A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION MAY OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE AND REQUEST AN ADMINISTRATIVE HEARING, TO PROVIDE THAT THE ADMINISTRATIVE HEARING MUST BE HELD AND NOT SCHEDULED WITHIN THIRTY DAYS OF A REQUEST FOR A HEARING, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ISSUE AN ORDER WITHIN THIRTY DAYS, AND NOT TEN DAYS, IF THE HEARING IS NOT HELD, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT ISSUE AN ORDER WITHIN THIRTY DAYS INSTEAD OF TEN DAYS OR FAILS WITHIN THIRTY DAYS TO NOTIFY THE DEFENDANT OF A NEW HEARING, THEN THE PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE IS REINSTATED, TO DELETE A PROVISION THAT REQUIRES THAT TESTS ADMINISTERED AND SAMPLES OBTAINED TO DETERMINE A PERSON'S ALCOHOL CONCENTRATION MUST COMPLY WITH DIVISION PROCEDURES; TO AMEND SECTION 56-5-2953, RELATING TO INCIDENT SITE AND BREATH SITE VIDEOTAPING OF CERTAIN MOTOR OFFENSES COMMITTED WHILE THE DRIVER WAS UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; BY ADDING SECTION 56-5-2954 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION AND EACH LAW ENFORCEMENT AGENCY WITH A BREATH TESTING SITE MUST MAINTAIN A RECORD OF REPAIRS AND PROBLEMS REGARDING BREATH TESTING DEVICES AT EACH SITE AND PROVIDE THAT THE RECORDS ARE SUBJECT TO COMPULSORY PROCESS ISSUED BY A COURT AND ARE PUBLIC RECORDS; TO AMEND SECTION 56-5-2970, RELATING TO REPORTS OF CERTAIN CONVICTIONS, GUILTY PLEAS, PLEAS OF NOLO CONTENDERE, OR FORFEITURES OF BAILS THAT MUST BE SUBMITTED TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2980, AS AMENDED, RELATING TO CERTAIN REPORTS THAT ARE REQUIRED TO BE FILED WITH THE DEPARTMENT OF PUBLIC SAFETY REGARDING CERTAIN VIOLATIONS OF THE LAW AND WHICH ARE CONSIDERED PRIMA FACIE EVIDENCE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO VIOLATIONS OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN OFFENSES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2995, RELATING TO THE ADDITIONAL ASSESSMENT IMPOSED UPON A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO PROVIDE THAT IF THE ALCOHOL CONCENTRATION LEVEL FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR OTHER INTOXICATING SUBSTANCE OFFENSES CHANGES FROM TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE TO EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE, CERTAIN PROVISIONS RELATING TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION DO NOT APPLY TO ALCOHOL CONCENTRATION LEVELS BETWEEN EIGHT ONE-HUNDREDTHS OF ONE PERCENT UP TO TEN ONE-HUNDREDTHS OF ONE PERCENT, AND, INSTEAD, FOR THIS RANGE THERE IS AN INFERENCE THAT THE PERSON WAS UNDER THE INFLUENCE OF ALCOHOL OR OTHER SUBSTANCES; TO AMEND SECTION 61-4-110, RELATING TO THE UNLAWFUL POSSESSION OF AN OPEN CONTAINER OF BEER OR WINE IN A MOTOR VEHICLE, SO AS TO CHANGE THE TERM "MOVING" TO "MOTOR", TO PROVIDE THAT THIS PROVISION APPLIES TO VEHICLES LOCATED ON THE PUBLIC HIGHWAYS OR HIGHWAY RIGHTS OF WAY OF THIS STATE AND DOES NOT APPLY TO VEHICLES PARKED IN LEGAL PARKING PLACES DURING CERTAIN EVENTS, AND TO PROVIDE A DEFINITION FOR BEER AND WINE; TO AMEND SECTION 61-6-4020, RELATING TO TRANSPORTATION OF ALCOHOLIC LIQUORS IN A MOTOR VEHICLE, SO AS TO PROVIDE A DEFINITION FOR "ALCOHOLIC LIQUORS"; AND TO PROVIDE A SEVERABILITY CLAUSE.
Be it enacted by the General Assembly of the State of South Carolina:
Court assessments and surcharges
SECTION 1. Subsections (A) and (B) of Section 14-1-211 of the 1976 Code, as last amended by Act 105 of 1999, is further amended to read:
"(A)(1) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930 and Section 56-5-2933. No portion of the surcharge may be waived, reduced, or suspended.
(2) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions pursuant to Section 56-5-2930 and Section 56-5-2933. No portion of the surcharges imposed pursuant to this section may be waived, reduced, or suspended.
(B) The revenue collected pursuant to subsection (A)(1) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to subsection (A)(1) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. These funds must be appropriated for the exclusive purpose of providing victim services as required by Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Article 15 of Title 16. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. All unused funds must be carried forward from year to year and used exclusively for the provision of services to the victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years. The revenue collected pursuant to subsection (A)(2) must be paid over to the State Treasurer monthly and placed in a separate account to be used for spinal cord research by the Medical University of South Carolina.
All one-time operating and administrative costs for municipal and county governments related to computer upgrades or programming related to these surcharges shall be deducted from the revenue collected pursuant to subsection (A)(2) by municipal and county governments before remission of these funds to the State Treasurer. All operating, personnel, and administrative costs and expenses of the Spinal Cord Injury Research Board and its programs as established in Article 5, Chapter 38 of Title 44, must be paid for through revenue collected pursuant to subsection (A)(2) and deposited in this separate account. A report detailing the use of these funds must be furnished to the General Assembly on an annual basis."
Spinal cord injury research board
SECTION 2. Chapter 38, Title 44 of the 1976 Code is amended by adding:
Section 44-38-510. (A) The South Carolina Spinal Cord Injury Research Board is created for the purpose of administering the spinal cord injury research fund created pursuant to Section 14-1-211. The board is composed of seven members who must be residents of this State and appointed by the Governor upon recommendation of the President of the Medical University of South Carolina, as follows: two members who are medical doctors from the staff or faculty of the Medical University of South Carolina; two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina; two members who have a spinal cord injury or who have a family member with a spinal cord injury; and one at-large member who is a medical doctor and a member of the South Carolina Medical Association.
(B) The terms of board members shall be four years, except that the Governor must stagger the initial appointments to the board so that one of the two members who are medical doctors from the staff or faculty of the Medical University of South Carolina shall be appointed for a two-year term; one of the two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina shall be appointed for a two-year term; one of the two members who have a spinal cord injury or who have a family member with a spinal cord or head injury shall be appointed for a two-year term; and the at-large member who is a medical doctor and a member of the South Carolina Medical Association shall serve a three-year term. All subsequent appointments shall be for four-year terms.
(C) At the end of a term, a member shall continue to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun shall serve the rest of the term and until a successor is appointed and qualifies. A member who serves two consecutive four-year terms shall not be reappointed for two years after completion of those terms.
(D) A majority of the membership of the board shall constitute a quorum.
(E) The board shall elect, by a majority vote, a chairman who shall be the presiding officer of the board, preside at all meetings, and coordinate the functions and activities of the board. The chairman shall be elected or reelected for each calendar year. The board shall have such other organization as deemed necessary and approved by the board.
(F) Meetings of the board shall be held at least twice a year but may be held more frequently as deemed necessary, subject to call by the chairman or by request of a majority of the board members. Board meetings shall concern, among other things, policy matters relating to spinal cord injury research projects and programs, research progress reports, authorization of projects and financial plans, and other matters necessary to carry out the intent of this section.
(G) No member of the board shall be subject to any personal liability or accountability for any loss sustained or damage suffered on account of any action or inaction of the board.
(H) Board members shall be reimbursed for ordinary travel expenses, including meals and lodging, incurred in the performance of duties.
(I) The board shall be attached to the Medical University of South Carolina for meetings, staff, and administrative purposes.
(J) The board shall set forth guidelines and standards for allocation of these funds.
(K) Nothing in this article prohibits the board from allocating funds for spinal cord research projects at other institutions other than MUSC as long as the receiving institution shares the research statistics with each medical institution in this State."
Driver's license suspension
SECTION 3. Section 56-1-286(F)(2) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(2) one year if the person, within the five years preceding the violation of this section, has been previously convicted of violating Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug or has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2950, or 56-5-2951."
Driver's license suspension
SECTION 4. Section 56-1-286(G)(2) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(2) six months if the person, within the five years preceding the violation of this section, has been previously convicted of violating Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug or has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2950, or 56-5-2951."
Driver's license suspension
SECTION 5. Section 56-1-286 (H) through (U) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(H) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (F) or (G) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue to participate in the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license shall be suspended until he completes the Alcohol and Drug Safety Action Program. A person must be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.
(I) A test may not be administered or samples taken unless the person has been informed in writing that:
(1) he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for at least six months if he refuses to submit to the tests and that his refusal may be used against him in court;
(2) his privilege to drive must be suspended for at least three months if he takes the test or gives the samples and has an alcohol concentration of two one-hundredths of one percent or more;
(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4) he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and
(5) he must enroll in an Alcohol and Drug Safety Action Program within thirty days of the issuance of the notice of suspension.
The primary investigating officer must notify promptly the department of the refusal of a person to submit to a test requested pursuant to this section as well as the test result of any person who submits to a test pursuant to this section and registers an alcohol concentration of two one-hundredths of one percent or more. The notification must be in a manner prescribed by the department.
(J) If the test registers an alcohol concentration of two one-hundredths of one percent or more or if the person refuses to be tested, the primary investigating officer must issue a notice of suspension, and the suspension is effective beginning on the date of the alleged violation of this section. The person, within thirty days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990. If the person does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.
(K) Within thirty days of the issuance of the notice of suspension the person may:
(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section or the final decision or disposition of the matter; and
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension periods provided for in subsections (F) and (G);
(b) the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.
(L) The periods of suspension provided for in subsections (F) and (G) begin on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continue until the person applies for a temporary alcohol restricted license and requests an administrative hearing.
(M) If a person does not request an administrative hearing, he shall have waived his right to the hearing and his suspension must not be stayed but shall continue for the periods provided for in subsections (F) and (G).
(N) The notice of suspension shall advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also shall advise the person that, if he does not enroll in an Alcohol and Drug Safety Action Program and does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he shall have waived his right to the administrative hearing, and the suspension continues for the periods provided for in subsections (F) and (G).
(O) An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not hold the hearing within thirty days, a written order must be issued by the department within thirty days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within thirty days or fails within thirty days to notify the defendant of a new hearing date, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:
(1) was lawfully arrested or detained;
(2) was advised in writing of the rights enumerated in subsection (I);
(3) refused to submit to a test pursuant to this section; or
(4) consented to taking a test pursuant to this section, and the:
(a) reported alcohol concentration at the time of testing was two one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to this section;
(c) test administered and samples taken were conducted pursuant to this section; and
(d) the machine was operating properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.
(P) An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review shall stay the suspension until a final decision is issued.
(Q) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided for in subsection (B) of this section.
(R) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the procedures of this section, the department shall give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.
(S) A person required to submit to a test must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any proceeding in which the results of the tests are used as evidence. A person who obtains additional tests shall furnish a copy of the time, method, and results of any additional tests to the officer before any trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence.
(T) A person whose driver's license or permit is suspended under this section is not required to file proof of financial responsibility.
(U) The department shall administer the provisions of this section, not including subsection (D), and shall promulgate regulations necessary to carry out its provisions.
(V) Notwithstanding any other provision of law, no suspension imposed pursuant to this section is counted as a demerit or result in any insurance penalty for automobile insurance purposes if at the time he was stopped, the person whose license is suspended had an alcohol concentration that was less than ten one-hundredths of one percent."
SECTION 6. Section 56-1-1320 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-1320. A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including Section 56-5-2930 and Section 56-5-2933, and whose license is not presently suspended for any other reason, may apply to the motor vehicle division of the department to obtain a provisional driver's license of a design to be determined by the department to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 must be made by the director of the department or his designee."
Driving under the influence of alcohol
SECTION 7. 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:
(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."
Driving under an unlawful alcohol concentration
SECTION 8. The 1976 Code is amended by adding:
"Section 56-5-2933. It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is ten one-hundredths of one percent or more. A person who violates the provisions of this section is guilty of the offense of Driving With An Unlawful Alcohol Concentration. A person may be charged for a violation of Section 56-5-2930 but prosecuted pursuant to this section if the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest and probable cause existed to justify the traffic stop. This section shall not apply to cases arising out of a stop at a traffic road block or driver's license check point. A person cannot be prosecuted for both a violation of Section 56-5-2930 and a violation of this section for the same incident. A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including, but not limited to, the following:
(1) whether or not the person was lawfully arrested or detained;
(2) whether or not probable cause existed to justify the stop;
(3) the period of time between arrest and testing;
(4) whether or not the person was advised in writing of the rights enumerated in Section 56-5-2950;
(5) whether the person consented to taking a test pursuant to Section 56-5-2950, and the:
(a) reported alcohol concentration at the time of testing was ten one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and regulations adopted pursuant to Section 56-5-2951(Q) and Section 56-5-2953(F); and
(d) machine was working properly.
Nothing contained in this section prohibits the introduction of:
(1) the results of any additional tests of the person's breath or other bodily fluids;
(2) any evidence that may corroborate or question the validity of the breath or bodily fluid test result including, but not limited to:
(a) evidence of field sobriety tests;
(b) evidence of the amount of alcohol consumed by the person; and
(c) evidence of the person's driving;
(3) a videotape of the person's conduct at the incident site and breath testing site taken pursuant to Section 56-5-2953 which is subject to redaction under the South Carolina Rules of Evidence; or
(4) any other evidence of the state of a person's faculties to drive which would call into question the results of a breath or bodily fluid test.
At trial, a person charged with a violation of this section is entitled to a jury instruction stating that the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence."
Compulsory process
SECTION 9. The 1976 Code is amended by adding:
"Section 56-5-2934. Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State shall have the right to compulsory process for obtaining witnesses, documents, or both, including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article. Such process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The term 'documents' includes, but is not limited to, a copy of the computer software program of breath testing devices.
In addition, at the time of arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the arresting officer, in addition to other notice requirements, must inform the defendant of his right to all hearings provided by law to include those if a breath test is refused or taken with a result that would require license suspension. The arresting officer, if the defendant wishes to avail himself of any such hearings, depending on the choices made or the breath test results obtained, shall then provide the defendant with the appropriate form to request the hearing or hearings. The defendant shall acknowledge receipt of the notice requirements and receipt of the hearing form if such a hearing or hearings are desired. The defendant may at this time complete the hearing request form and give it to the officer who shall in turn forward it to the department."
Trial by jury
SECTION 10. The 1976 Code is amended by adding:
"Section 56-5-2935. Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State must have the right of trial by jury. A person charged with one or more of these offenses shall enjoy the right to a speedy and public trial by an impartial jury, to be fully informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses, documents, or both, and the right to be fully heard in his defense by himself or by his counsel or, by both."
Driving under the influence penalties
SECTION 11. Section 56-5-2940 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"Section 56-5-2940. A person who violates a provision of Section 56-5-2930 or 56-5-2933, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished:
(1) by a fine of three hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense; however, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence.
(2) by a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours nor more than one year for the second offense. However, the fine imposed by this item may not be suspended in an amount less than one thousand dollars. In lieu of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than ten days upon terms and conditions the court considers proper.
(3) by a fine of not less than three thousand five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years for the third offense.
(4) by imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense.
No part of the minimum sentences provided in this section must be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.
The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.
For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section.
Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside."
Driving under the influence penalties
SECTION 12. The 1976 Code is amended by adding:
"Section 56-5-2941. In addition to the penalties required and authorized to be imposed against a person violating the provisions of Section 56-5-2930, 56-5-2933, or 56-5-2945, the court may require such person, whether or not he is a first or subsequent offender and if he is a resident of this State, to have installed on the vehicle he was operating if it is registered and licensed in his name or in the name of a member of his immediate family an ignition interlock device designed to prevent the operation of the motor vehicle if the operator has consumed alcoholic beverages. The court, in imposing the requirements of this section, shall specify the length of time which the interlock device is required to be affixed to the vehicle, shall provide that the cost of the interlock device must be borne by the offender, and shall require the offender to periodically report to appropriate law enforcement or probation authorities for the purpose of verifying that the interlock device is affixed to the vehicle and operational during the time required by the court. The State Law Enforcement Division, in consultation with the department, shall develop regulations including, but not limited to, regulations governing the use, maintenance, and operation of ignition interlock devices.
If the offender is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order an interlock device to be affixed to the vehicle and paid for by the jurisdiction making the arrest from fines paid pursuant to Sections 56-5-2930, 56-5-2933, and 56-5-2945."
SLED internet website
SECTION 13. The 1976 Code is amended by adding:
"Section 56-5-2949. In addition to availability under the Freedom of Information Act, any South Carolina Law Enforcement Division policy, procedure, or regulation concerning breath alcohol testing, breath site videotaping, or ignition interlock which is in effect on or after July 1, 2000, shall be made publicly accessible on the SLED internet web site. A policy, procedure, or regulation may be removed from the SLED web site only after five years from the effective date of the subsequent revision."
Implied consent to test for alcohol or drugs
SECTION 14. Section 56-5-2950(a) and (b) of the 1976 Code, as last amended by Act 434 of 1998, are further amended to read:
"(a) A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of them. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in 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 person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth or is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe that 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 alcohol concentration is ten one-hundredths of one percent or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by the department, pursuant to SLED policies. The arresting officer may administer the tests if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Before the breath test is administered, a ten one-hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.095 percent and 0.105 percent. Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. Blood and urine samples must be obtained and handled in accordance with procedures approved by SLED.
No tests may be administered or samples obtained unless the person has been informed in writing that:
(1) he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for at least ninety days if he refuses to submit to the tests and that his refusal may be used against him in court;
(2) his privilege to drive must be suspended for at least thirty days if he takes the tests or gives the samples and has an alcohol concentration of fifteen one-hundredths of one percent or more;
(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4) he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and
(5) he must enroll in an Alcohol and Drug Safety Action Program within thirty days of the issuance of the notice of suspension.
A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause contending that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.
The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified in writing of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer.
The arresting officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance, at a minimum, includes providing transportation for the person to the nearest medical facility which provides blood tests to determine a person's alcohol concentration. If the medical facility obtains the blood sample but refuses or fails to test the blood sample to determine the person's alcohol concentration, SLED must test the blood sample and provide the result to the person and to the arresting officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.
SLED shall administer the provisions of this subsection and shall make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State.
A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.
(b) In the criminal prosecution for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 relating to driving a vehicle under the influence of alcohol, drugs, or a combination of them, the alcohol concentration at the time of the test, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following:
(1) If the alcohol concentration was at that time five one-hundredths of one percent or less, it is conclusively presumed that the person was not under the influence of alcohol.
(2) If the alcohol concentration was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent, 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 evidence in determining the guilt or innocence of the person.
(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.
(4) If the alcohol concentration was at that time ten one-hundredths of one percent or more and the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest, the person has violated Section 56-5-2933.
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."
Driver's license suspension
SECTION 15. Section 56-5-2951(A) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(A) The Department of Public Safety shall suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of fifteen one-hundredths of one percent or more. The arresting officer shall issue a notice of suspension which is effective beginning on the date of the alleged violation of Section 56-5-2930, 56-5-2933, or 56-5-2945."
Driver's license suspension
SECTION 16. Section 56-5-2951(B) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(B) If the test registers an alcohol concentration of ten one-hundredths of one percent or more, the person, within thirty days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990."
Driver's license suspension
SECTION 17. Section 56-5-2951(C) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(C) If the person does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460."
Driver's license suspension
SECTION 18. Section 56-5-2951(D) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(D) Within thirty days of the issuance of the notice of suspension the person may:
(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J); and
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (K);
(b) the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.
The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945."
Driver's license suspension
SECTION 19. Section 56-5-2951(G) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(G) The notice of suspension shall advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and request an administrative hearing. The notice of suspension also shall advise the person that, if he does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he shall have waived his right to the administrative hearing, and the suspension continues for the period provided for in subsection (K)."
Driver's license suspension
SECTION 20. Section 56-5-2951(H) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(H) An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not hold the hearing within thirty days, a written order must be issued by the department within thirty days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within thirty days or fails within thirty days to notify the defendant of a new hearing, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:
(1) was lawfully arrested or detained;
(2) was advised in writing of the rights enumerated in Section 56-5-2950;
(3) refused to submit to a test pursuant to Section 56-5-2950; or
(4) consented to taking a test pursuant to Section 56-5-2950, and the:
(a) reported alcohol concentration at the time of testing was fifteen one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950; and
(d) the machine was working properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing."
Driver's license suspension
SECTION 21. Section 56-5-2951(K)(1) and (2) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(K)(1) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has no previous convictions for violating Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is:
(a) ninety days for a person who refuses to submit to a test pursuant to Section 56-5-2950; or
(b) thirty days for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.
(2) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has been convicted previously for violating Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, or who has had a previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is one hundred eighty days if he refuses to submit to a test pursuant to Section 56-5-2950 or sixty days if he takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more."
Driver's license suspension
SECTION 22. Section 56-5-2951(P) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(P) An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Section 56-1-286, 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation."
Incident site and breath site videotaping
SECTION 23. Section 56-5-2953(A) and (B) of the 1976 Code, as added by Act 434 of 1998, is further amended to read:
"(A) A person who violates Section 56-5-2930, 56-5-2933, or 56-5-2945 shall have his conduct at the incident site and the breath test site videotaped.
(1) The videotaping at the incident site must:
(a) begin not later than the activation of the officer's blue lights and conclude after the arrest of the person for a violation of Section 56-5-2930, 56-5-2933, or a probable cause determination that the person violated Section 56-5-2945; and
(b) include the person being advised of his Miranda rights, if required by state or federal law, before any field sobriety tests are administered, if the tests are administered.
(2) The videotaping at the breath site:
(a) must be completed within three hours of the person's arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 or a probable cause determination that the person violated Section 56-5-2945, unless compliance is not possible because the person needs emergency medical treatment considered necessary by licensed medical personnel;
(b) shall include the reading of Miranda rights, if required by state or federal law, the entire breath test procedure, the person being informed that he is being videotaped, and that he has the right to refuse the test;
(c) shall include the person taking or refusing the breath test and the actions of the breath test operator while conducting the test;
(d) shall also include the person's conduct during the required twenty-minute pre-test waiting period, unless the officer submits a sworn affidavit certifying that it was physically impossible to videotape this waiting period. However, if the arresting officer administers the breath test, then the person's conduct during the twenty-minute pre-test waiting period must be videotaped.
The videotapes of the incident site and of the breath test site are admissible pursuant to the South Carolina Rules of Evidence in a criminal, administrative, or civil proceeding by any party to the action.
(B) Nothing in this section may be construed as prohibiting the introduction of other evidence in the trial of a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. Failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal of any charge made pursuant to Section 56-5-2930, 56-5-2933, or 56-5-2945 if the arresting officer submits a sworn affidavit certifying that the videotape equipment at the time of the arrest, probable cause determination, or breath test device was in an inoperable condition, stating reasonable efforts have been made to maintain the equipment in an operable condition, and certifying that there was no other operable breath test facility available in the county or, in the alternative, submits a sworn affidavit certifying that it was physically impossible to produce the videotape because the person needed emergency medical treatment, or exigent circumstances existed. Further, in circumstances including, but not limited to, road blocks, traffic accident investigations, and citizens' arrests, where an arrest has been made and the videotaping equipment has not been activated by blue lights, the failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal. However, as soon as videotaping is practicable in these circumstances, videotaping should begin and conform with the provisions of this section. Nothing in this section prohibits the court from considering any other valid reason for the failure to produce the videotape based upon the totality of the circumstances, nor do the provisions of this section prohibit the person from offering evidence relating to the arresting law enforcement officer's failure to produce the videotape."
Law enforcement agency breath testing sites
SECTION 24. The 1976 Code is amended by adding:
"Section 56-5-2954. The State Law Enforcement Division and each law enforcement agency with a breath testing site is required to maintain a detailed record of malfunctions, repairs, complaints, or other problems regarding breath testing devices at each site. The records required by this section are subject to compulsory process issued by any court of competent jurisdiction in this State and are public records under the Freedom of Information Act."
Reports of driving convictions
SECTION 25. Section 56-5-2970 of the 1976 Code is amended to read:
"Section 56-5-2970. All clerks of court, magistrates, city recorders, and other public officers in this State having charge or responsibility with respect to convictions or of the entry of pleas of guilty or of nolo contendere or of the forfeitures of bail posted for violation of Section 56-5-2930, 56-5-2933, or for convictions or of the entry of pleas of guilty or of nolo contendere or of the forfeitures of bail posted for violations of any other laws or ordinances of this State that prohibit any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics are required to report to the motor vehicle division of the department every such conviction, plea of guilty or of nolo contendere, or bail forfeiture within ten days after such conviction, entry of a plea of guilty or of nolo contendere or forfeiture or after the receipt of such report, as the case may be. Such reports shall be made upon forms to be provided by the department, arranged in duplicate, and the director of the motor vehicle division of the department shall acknowledge the filing of each such report by signing the duplicate of such report and returning it to the officer making it, to be kept by such officer as evidence of his compliance with the requirement that he make such report.
Any person violating the provisions of this section shall be subject to a penalty of twenty-five dollars for each such failure, to be collected by the Attorney General or the solicitors of the State under the direction of the Attorney General and paid into the general fund of the State."
Copies of reports as prima facie evidence
SECTION 26. Section 56-5-2980 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-5-2980. In all trials and proceedings in any court of this State in which the defendant is charged with a violation of Section 56-5-2920, 56-5-2930, or 56-5-2933, photostatic, optical disk, or other copies of the reports required to be filed with the department pursuant to Section 56-5-2970 shall be deemed prima facie evidence of the information contained on such reports for the purpose of showing any previous conviction of the defendant in any other court. Copies of the reports must be duly certified by the director of the department or his designee as true copies. If the defendant stipulates that the charge constitutes a second or subsequent offense, the indictment shall not contain allegations of prior offenses and evidence of such prior offenses must not be introduced."
Driver's license suspension
SECTION 27. Section 56-5-2990(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"(A) The department shall suspend the driver's license of a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930, 56-5-2933, or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail; one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail; two years for the third conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth or subsequent conviction, plea of guilty or of nolo contendere, or forfeiture of bail. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. A person whose license is revoked following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385."
Driver's license suspension
SECTION 28. Section 56-5-2990(F) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(F) Except as provided for in Section 56-1-365(D) and (E), the driver's license suspension periods under this section begin on the date the person is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930, 56-5-2933, or for the violation of any other law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics; however, a person is not prohibited from filing a notice of appeal and receiving a certificate which entitles him to operate a motor vehicle for a period of sixty days after the conviction, plea of guilty or nolo contendere, or bail forfeiture pursuant to Section 56-1-365(F)."
Additional assessments for DUI convictions
SECTION 29. Section 56-5-2995 of the 1976 Code, as added by Act 155, Part II, Section 37A, is amended to read:
"Section 56-5-2995. (A) In addition to the penalties imposed for a first offense violation of Section 56-5-2930 or 56-5-2933 in magistrate's or municipal court, an additional assessment of twelve dollars must be added to any punishment imposed which must be remitted to the State Treasurer who shall then distribute the twelve-dollar assessments in the manner provided in Section 14-1-201.
(B) In addition to the penalties and assessments imposed for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or a violation of Section 56-5-2945 in general sessions court, an additional assessment of twelve dollars must be added to any punishment imposed which must be remitted to the State Treasurer who shall then distribute these twelve-dollar assessments in the manner provided in Section 14-1-201."
DUI alcohol concentration level
SECTION 30. In the event the alcohol concentration level for driving under the influence of alcohol or other intoxicating substance offenses changes from ten one-hundredths of one percent or more to eight one-hundredths of one percent or more as provided by law, Sections 56-5-2933 and 56-5-2950(b)(4) of the 1976 Code do not apply to alcohol concentration levels between eight one-hundredths of one percent up to ten one-hundredths of one percent and instead, for this range, there is an inference that the person was under the influence of alcohol or other such substances.
Open containers of beer and wine
SECTION 31. Section 61-4-110 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-110. It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, beer or wine in an open container in a motor vehicle of any kind while located upon the public highways or highway rights of way of this State. This section must not be construed to prohibit the transporting of beer or wine in a closed container, and this section does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.
For purposes of this section, beer or wine means any beer or wine containing one-half of one percent or more of alcohol by volume."
Transportation of alcoholic liquors
SECTION 32. Section 61-6-4020 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-4020. A person who is twenty-one years of age or older may transport lawfully acquired alcoholic liquors to and from a place where alcoholic liquors may be lawfully possessed or consumed; but if the cap or seal on the container has been opened or broken, it is unlawful to transport the liquors in a motor vehicle, except in the luggage compartment or cargo area. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
For purposes of this section, alcoholic liquors means all distilled spirits regardless of the percentage of alcohol by volume that they contain."
Severability clause
SECTION 33. If any provision of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.
Time effective
SECTION 34. Except for Sections 9, 31, and 32, the provisions of this act shall not take effect until the later of the following dates: January 1, 2001, or when the Chief of SLED certifies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that all breath test sites in the State have been equipped with video cameras so that a person's conduct may be videotaped pursuant to Section 56-5-2953(A)(2). Section 9 becomes effective March 1, 2002, and applies to all pending cases that have not been adjudicated on the date the law goes into effect. Sections 31 and 32 become effective upon approval by the Governor.
Ratified the 22nd day of June, 2000.
Approved the 20th day of July, 2000.
This web page was last updated on Wednesday, December 9, 2009 at 9:06 A.M.