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COMMITTEE REPORT
January 24, 2001
S. 132
S. Printed 1/24/01--S.
Read the first time January 11, 2001.
To whom was referred a Bill (S. 132), 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, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 27, in Section 56-5-2940, as contained in SECTION 1, by striking lines 27 through 31 in their entirety, and inserting therein the following:
/ "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: /
Renumber sections to conform.
Amend title to conform.
C. BRADLEY HUTTO, for Committee.
$0 (No additional expenditures or savings are expected)
EXPLANATION OF IMPACT:
Department of Corrections
The SC Department of Corrections forecasts no fiscal impact to the General Fund of the State with the passage of the proposed legislation. The department notes that proposed changes to the statute relating to penalties for operating a motor vehicle while under the influence of intoxicating liquor, drugs or narcotics will expand the definition to include 56-5-2930 - "Unlawful to operate motor vehicle while under influence" and 56-5-2933 - "Driving with an unlawful alcohol concentration", when determining what constitutes a prior offense. However, impact on SCDC population is not anticipated.
SC Judicial Department
The Judicial Department states that it may experience an increase in the case load for the Circuit Court, however, there is not enough information available to estimate the number of cases that would come before the court with the enactment of this bill. Should the number of cases exceeds what their current pool of circuit court judges can absorb, additional judges would be needed. The cost associated with one additional judge and staff (administrative assistant, court reporter and law clerk) is approximately $314,428 for personal services and associated operating expenses and $26,620 of non-recurring cost for automation and furniture. The addition of new judges would also require more courtroom space, an expense borne by county government.
Approved By:
Don Addy
Office of State Budget
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.
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, and enters a plea of: guilty, nolo contendere; or forfeits bail, 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. This act takes effect upon approval by the Governor.
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