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Indicates Matter Stricken
Indicates New Matter
S. 105
STATUS INFORMATION
General Bill
Sponsors: Senators Mescher and Ravenel
Document Path: l:\s-res\wcm\005duic.mrh.doc
Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Judiciary
Summary: DUI conviction, maintain on record 20 years
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/18/2002 Senate Prefiled 12/18/2002 Senate Referred to Committee on Judiciary 1/14/2003 Senate Introduced and read first time SJ-61 1/14/2003 Senate Referred to Committee on Judiciary SJ-61
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 56-1-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILES, RECORDS, AND INDEXES TO BE KEPT BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REQUIRE ALL CONVICTIONS FOR DRIVING UNDER THE INFLUENCE BE POSTED TO THE DRIVER'S RECORD OF THE PERSON CONVICTED, AND TO FURTHER PROVIDE THAT CONVICTIONS POSTED TO A DRIVER'S RECORD MUST BE MAINTAINED ON THE DRIVER'S RECORD AND REPORTED FOR A PERIOD OF NOT LESS THAN TWENTY YEARS AFTER THE DATE THE CONVICTION BECOMES FINAL; AND TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 56-5-2930 AND 56-5-2933, SO AS TO CHANGE THE PERIOD WITHIN WHICH A VIOLATION OF THESE SECTIONS IS A PRIOR VIOLATION FOR SENTENCING PURPOSES FROM TEN YEARS TO TWENTY YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-540 of the 1976 Code, as last amended by Act 459 of 1996, is further amended by adding a new paragraph at the end to read:
"All convictions for driving under the influence must be posted to the driver's record of the person convicted. Convictions for driving under the influence posted to a driver's record must be maintained on the driver's record and reported at suitable times for a period of not less than twenty years after the date the conviction becomes final."
SECTION 2. 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 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 fined three hundred dollars or imprisonment imprisoned for not less than forty-eight hours nor more than thirty days, for the first offense; however, in lieu instead 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 instead of the minimum sentence.
(2) by a fine of fined not less than two thousand dollars nor more than five thousand dollars and imprisonment imprisoned 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 Instead 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 fined not less than three thousand five hundred dollars nor more than six thousand dollars and imprisonment imprisoned for not less than sixty days nor more than three years for the third offense.
(4) by imprisonment imprisoned for not less than one year nor more than five years for a fourth offense or subsequent offense.
No part of the a minimum sentences sentence 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 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 a conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of any a law or ordinance of this or any other another state or any a municipality of this or any other another state that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute is a prior offense for the purpose of any a prosecution for any a subsequent violation hereof of Section 56-5-2930 or 56-5-2933. Only those violations which occurred within a period of ten twenty years including and immediately preceding the date of the last violation shall constitute is a prior violations violation 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 3. This act takes effect upon approval by the Governor.
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