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H. 3115
STATUS INFORMATION
General Bill
Sponsors: Rep. Davenport
Document Path: l:\council\bills\ggs\22654cm03.doc
Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary
Summary: DUI sentencing, judge's discretion limited in regard to
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 House Prefiled 12/4/2002 House Referred to Committee on Judiciary 1/14/2003 House Introduced and read first time HJ-50 1/14/2003 House Referred to Committee on Judiciary HJ-50
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ASSOCIATED WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER CONTROLLED SUBSTANCE, SO AS TO LIMIT A JUDGE'S DISCRETION WHEN HE ISSUES A SENTENCE UNDER THIS PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The second undesignated paragraph of Section 56-5-2940, as last amended by Act 390 of 2000, is further amended to read:
"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."
SECTION 2. This act takes effect upon approval by the Governor.
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