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S. 343
STATUS INFORMATION
General Bill
Sponsors: Senator Mescher
Document Path: l:\council\bills\nbd\11109cm03.doc
Introduced in the Senate on February 11, 2003
Currently residing in the Senate Committee on Judiciary
Summary: DUI, Miranda rights; reading of to be videotaped
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/11/2003 Senate Introduced and read first time SJ-4 2/11/2003 Senate Referred to Committee on Judiciary SJ-4
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 56-5-2953, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VIDEOTAPING OF THE INCIDENT SITE AND THE BREATH TEST SITE OF A PERSON CHARGED WITH OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR BOTH, WITH AN UNLAWFUL ALCOHOL CONCENTRATION, OR WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR THE COMBINATION OF BOTH AND CAUSES GREAT BODILY INJURY OR DEATH TO A PERSON OTHER THAN HIMSELF, SO AS TO DELETE THE PHRASE "IF REQUIRED BY STATE LAW" AS IT APPLIES TO THE PROVISION THAT REQUIRES THE READING OF MIRANDA RIGHTS WHILE THE BREATH SITE IS BEING VIDEOTAPED, AND TO PROVIDE THAT CERTAIN PROVISIONS CONTAINED IN THIS SECTION BECOME EFFECTIVE UPON THE INSTALLATION OF VIDEOTAPING EQUIPMENT IN A LAW ENFORCEMENT VEHICLE AND A BREATH TEST SITE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2953(A)(2)(b) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"(b) shall include the reading of Miranda rights, if required by state or federal law, the entire breath test procedure, the person being informed that he is being videotaped, and that he has the right to refuse the test;"
SECTION 2. Section 56-5-2953 of the 1976 Code, as last amended by Act 390 of 2000, is further amended by adding at the end:
"(G) The provisions contained in Section 56-5-2953(A), (B), and (C) take effect for each law enforcement vehicle used for traffic enforcement once the law enforcement vehicle is equipped with a videotaping device. The provisions contained in Section 56-5-2953(A), (B), and (C) take effect for a breath test site once the breath test site is equipped with a videotaping device."
SECTION 3. All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION 4. This act takes effect upon approval by the Governor.
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