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132Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010111Primary Sponsor: HuttoAll Sponsors: HuttoDrafted Document Number: l:\s-jud\bills\hutto\jud0009.cbh.docResiding Body: HouseCurrent Committee: Judiciary Committee 25 HJDate of Last Amendment: 20010125Subject: DUI, subsequent violations; violations which constitute prior offense for determining; Transportation, TrafficHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010131 Introduced, read first time, 25 HJ referred to Committee Senate 20010130 Read third time, sent to House ------ 20010125 Scrivener's error corrected Senate 20010125 Read second time Senate 20010125 Committee amendment adopted and amended Senate 20010124 Committee report: Favorable, 11 SJ With amendment Senate 20010111 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on January 24, 2001 - Word format Revised on January 25, 2001 - Word format Revised on January 25, 2001-A - Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED AND AMENDED
January 25, 2001
S. Printed 1/25/01--S. [SEC 1/25/01 3:28 PM]
Read the first time January 11, 2001.
TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 56-5-2930 OR SECTION 56-5-2933 CONSTITUTES A PRIOR OFFENSE FOR PURPOSES OF DETERMINING SUBSEQUENT VIOLATIONS IN ACCORDANCE WITH SECTION 56-5-2940.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2940 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"Section 56-5-2940. A person who violates a provision of Section 56-5-2930 or Section 56-5-2933, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:
(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 may 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 must 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, including, but not limited to, Sections 56-5-2930 and 56-5-2933,
shall constitute constitutes 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 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."
SECTION 2. The General Assembly declares that the amendment to Section 56-5-2940 of the 1976 Code providing that a violation of Section 56-5-2933, driving with an unlawful alcohol concentration, or a violation of Section 56-5-2930, driving under the influence, constitutes a prior offense for the purpose of determining a subsequent driving with an unlawful alcohol concentration violation or a subsequent driving under the influence violation, is a clarification of and not a change to the current law. The General Assembly is further codifying its previous legislative intent to avoid any ambiguity in interpretation.
SECTION 3. This act takes effect upon approval by the Governor.
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