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AS PASSED BY THE SENATE
June 7, 2001
H. 4143
Introduced by Reps. A. Young, Knotts, Whatley, Kennedy, Meacham-Richardson and Kirsh
S. Printed 6/7/01--S.
Read the first time May 23, 2001.
TO POSTPONE THE COMPULSORY TESTIMONY REQUIREMENTS OF SECTION 56-5-2934 OF THE 1976 CODE, RELATING TO THE "ILLEGAL PER SE" LAW UNTIL THE EARLIER OF ADEQUATE FUNDING OF THE PROGRAM BY THE GENERAL ASSEMBLY OR JUNE 30, 2003.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Notwithstanding any other provision of law, the State Law Enforcement Division is not required to implement the provisions of Section 56-5-2934 as contained in SECTION 9 of Act 390 of 2000 pertaining to the compulsory process for obtaining witnesses 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 Chapter 5 of Title 56 of the 1976 Code, until the time the General Assembly is adequately able to fund the program or by December 31, 2002, whichever first occurs. Provided, however, by December 31, 2002, the State Law Enforcement Division must have at least three state employees trained and prepared for the purpose of appearing in court and testifying on the maintenance of breath testing devices and the administration of breath testing pursuant to Chapter 5, Title 56 of the 1976 Code.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
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