South Carolina General Assembly
115th Session, 2003-2004

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Bill 4973


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Indicates New Matter


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A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2931 SO AS TO CREATE THE OFFENSE OF DRIVING WHILE SERIOUSLY INTOXICATED AND TO PROVIDE PENALTIES; BY ADDING SECTION 56-5-2932 SO AS TO CREATE THE OFFENSE OF DRIVING WHILE GROSSLY INTOXICATED AND TO PROVIDE PENALTIES; BY ADDING SECTION 56-5-2956 SO AS TO REQUIRE BLOOD AND URINE TESTING OF AN OPERATOR OF A MOTOR VEHICLE SUSPECTED TO BE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS WHEN THERE IS AN ACCIDENT RESULTING IN DEATH OR SERIOUS BODILY INJURY; TO AMEND SECTION 24-13-100, AS AMENDED, RELATING TO THE DEFINITION OF A NO PAROLE OFFENSE, SO AS TO ADD THE OFFENSE OF FELONY DRIVING UNDER THE INFLUENCE CAUSING GREAT BODILY INJURY AS A NO PAROLE OFFENSE; TO AMEND SECTION 56-5-2934, AS AMENDED, RELATING TO THE RIGHT TO COMPULSORY PROCESS AND SECTION 56-5-2935, RELATING TO THE RIGHT TO A JURY TRIAL OF A PERSON CHARGED WITH A DRIVING UNDER THE INFLUENCE OFFENSE, BOTH SO AS TO INCLUDE THE OFFENSES OF DRIVING WHILE SERIOUSLY INTOXICATED AND DRIVING WHILE GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATING THE OFFENSES OF DRIVING UNDER THE INFLUENCE AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO INCREASE THE PENALTY FOR A SECOND OFFENSE FROM FIVE TO TEN DAYS AND FOR A THIRD OFFENSE FROM SIXTY DAYS TO SIX MONTHS; TO AMEND SECTION 56-5-2941, RELATING TO THE INSTALLATION OF IGNITION INTERLOCK DEVICES AND SECTION 56-5-2942, RELATING TO VEHICLE IMMOBILIZATION, BOTH SO AS TO INCLUDE THE OFFENSES OF DRIVING WHILE SERIOUSLY INTOXICATED AND DRIVING WHILE GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2947, AS AMENDED, RELATING TO CHILD ENDANGERMENT, SO AS TO INCLUDE THE OFFENSES OF DRIVING WHILE SERIOUSLY INTOXICATED, DRIVING WHILE GROSSLY INTOXICATED, AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO TESTING FOR ALCOHOL OR DRUGS AND INFERENCE OF DRIVING UNDER THE INFLUENCE, SO AS TO CHANGE THE PROVISION REQUIRING WRITTEN NOTICE OF A DRIVER'S LICENSE SUSPENSION FOR FAILURE TO SUBMIT TO TESTING TO REFLECT A SUSPENSION OF ONE YEAR RATHER THAN NINETY DAYS, TO INCLUDE THE OFFENSES OF DRIVING WHILE SERIOUSLY INTOXICATED AND DRIVING WHILE GROSSLY INTOXICATED, TO PROVIDE A PERSON IS INFERRED TO BE UNDER THE INFLUENCE OF ALCOHOL IF THE ALCOHOL CONCENTRATION IS EIGHT ONE HUNDREDTHS OF ONE PERCENT TO TWELVE ONE HUNDREDTHS OF ONE PERCENT, TO PROVIDE A PERSON IS INFERRED TO BE SERIOUSLY INTOXICATED IF THE ALCOHOL CONCENTRATION IS THIRTEEN ONE HUNDREDTHS OF ONE PERCENT TO EIGHTEEN ONE HUNDREDTHS OF ONE PERCENT, AND TO PROVIDE A PERSON IS INFERRED TO BE GROSSLY INTOXICATED IF THE ALCOHOL CONCENTRATION IS NINETEEN ONE HUNDREDTHS OF ONE PERCENT OR MORE; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO SUSPENSION FOR REFUSAL TO SUBMIT TO TESTING, SO AS TO INCREASE THE REQUIRED SUSPENSION FROM NINETY DAYS TO ONE YEAR, TO INCREASE THE SUSPENSION FROM ONE HUNDRED EIGHTY DAYS TO ONE YEAR IF THE PERSON'S LICENSE WAS PREVIOUSLY SUSPENDED FOR A DRIVING UNDER THE INFLUENCE OFFENSE WITHIN THE LAST TEN YEARS, AND TO INCLUDE THE OFFENSES OF DRIVING WHILE SERIOUSLY INTOXICATED AND DRIVING WHILE GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2953, AS AMENDED, RELATING TO INCIDENT SITE AND BREATH SITE VIDEOTAPING, SO AS TO INCLUDE THE OFFENSES OF DRIVING WHILE SERIOUSLY INTOXICATED AND DRIVING WHILE GROSSLY INTOXICATED; AND TO AMEND SECTION 56-5-2970, RELATING TO REPORTS OF CONVICTIONS FOR DRIVING UNDER THE INFLUENCE OFFENSES, SECTION 56-5-2980, RELATING TO COPIES OF REPORTS AS PRIMA FACIE EVIDENCE IN A TRIAL WHEN A PERSON IS CHARGED WITH A DRIVING UNDER THE INFLUENCE OFFENSE, SECTION 56-5-2990, RELATING TO SUSPENSION OF A CONVICTED PERSON'S DRIVER'S LICENSE, AND SECTION 56-5-2995, RELATING TO AN ADDITIONAL ASSESSMENT ON PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE, ALL AS AMENDED, ALL SO AS TO INCLUDE THE OFFENSES OF DRIVING WHILE SERIOUSLY INTOXICATED, DRIVING WHILE GROSSLY INTOXICATED, AND CAUSING GREAT BODILY INJURY OR DEATH WHILE OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2931.    (A)    A person is seriously intoxicated if he drives a motor vehicle while under the influence of intoxicating liquors, drugs, or a similar substance and his manner, disposition, speech, muscular movement, general appearance, or behavior is affected seriously by the influence of intoxicating liquor, drugs, or a similar substance and, at the time of the offense, the person's alcohol concentration was thirteen one-hundredths of one percent but not more than eighteen one-hundredths of one percent.

(B)    A person who violates the provisions of this section must, upon conviction, be punished by:

(1)    a fine of not less than three thousand dollars or more than five thousand dollars and imprisonment not less than seven days or more than one hundred twenty days for the first offense. In addition to the seven-day minimum imprisonment, the court may provide for up to seven days of public service employment upon terms and conditions the court considers proper;

(2)    a fine of not less than six thousand dollars or more than seven thousand five hundred dollars, and imprisonment for not less than ninety days or more than one year for the second offense;

(3)    imprisonment for not less than two years or more than five years for the third offense; or

(4)    imprisonment for not less than five years or more than ten years for the fourth or subsequent offense.

No part of the minimum sentences provided in this section may be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense 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 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 shall constitute a prior offense for the purpose of any prosecution for any subsequent violation. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation shall 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.    Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2932.    (A)    A person is grossly intoxicated if he drives a motor vehicle while under the influence of intoxicating liquors, drugs, or a similar substance and his manner, disposition, speech, muscular movement, general appearance, or behavior is affected grossly by the influence of intoxicating liquor, drugs, or a similar substance and, at the time of the offense, the person's alcohol concentration was nineteen one-hundredths of one percent or more.

(B)    A person who violates the provisions of this section must, upon conviction, be punished by:

(1)    a fine of not less than three thousand dollars or more than five thousand dollars and imprisonment not less than thirty days or more than one year for the first offense. In addition to the thirty-day minimum imprisonment, the court may provide for up to thirty days of public service employment upon terms and conditions the court considers proper;

(2)    a fine of not less than six thousand dollars or more than seven thousand five hundred dollars, and imprisonment for not less than one year or more than two years for the second offense;

(3)    imprisonment for not less than three years or more than five years for the third offense; or

(4)    imprisonment for not less than five years or more than ten years for the fourth or subsequent offense.

No part of the minimum sentences provided in this section may be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense 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 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 shall constitute a prior offense for the purpose of any prosecution for any subsequent violation. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation shall 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    3.    Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2956.    Notwithstanding another provision of law, when a motor vehicle accident results in the death or serious bodily injury of a pedestrian or a person who is either a passenger in, or the operator of a motor vehicle involved in an accident, and when a law enforcement officer has reasonable suspicion to believe that a person driving a motor vehicle while under the influence of alcohol, drugs, or a combination of both, or that alcohol, drugs, or a combination of both, was present at the scene of the accident, then blood and urine tests must be administered on the operator of the motor vehicle who is involved in the accident and suspected to be under the influence of alcohol, drugs, or a combination of both."

SECTION    4.    Section 24-13-100 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-100.    For purposes of definition under South Carolina law, a 'no parole offense' means a class A, B, or C felony or , an offense exempt from classification as enumerated in Section 16-1-10(d), which is punishable by a maximum term of imprisonment for twenty years or more, and the offense of felony driving under the influence causing great bodily injury pursuant to Section 56-5-2945(A)(1)."

SECTION    5.    Section 56-5-2934 of the 1976 Code, as last amended by Act 61 of 2003, is further amended to read:

"Section 56-5-2934.    Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State has the right to compulsory process for obtaining witnesses, documents, or both, 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 this article. This process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The term 'documents' includes, but is not limited to, a copy of the computer software program of breath testing devices. The portion of compulsory process provided for in this section that requires the attendance, at any administrative hearing or court proceeding, of state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article, takes effect once the compulsory process program at the State Law Enforcement Division is specifically, fully, and adequately funded.

In addition, at the time of arrest for a violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945, the arresting officer, in addition to other notice requirements, must inform the defendant of his right to all hearings provided by law to include those if a breath test is refused or taken with a result that would require license suspension. The arresting officer, if the defendant wishes to avail himself of any such hearings, depending on the choices made or the breath test results obtained, must provide the defendant with the appropriate form to request the hearing or hearings. The defendant must acknowledge receipt of the notice requirements and receipt of the hearing form if such a hearing or hearings are desired."

SECTION    6.    Section 56-5-2935 of the 1976 Code, as added by Act 390 of 2000, is amended to read:

"Section 56-5-2935.    Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State must have the right of trial by jury. A person charged with one or more of these offenses shall enjoy the right to a speedy and public trial by an impartial jury, to be fully informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses, documents, or both, and the right to be fully heard in his defense by himself or by his counsel or, by both."

SECTION    7.    Section 56-5-2940    (2) and (3) of the 1976 Code, as last amended by Act 61 of 2003, is further amended to read:

"(2)    by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars and imprisonment for not less than five ten days nor more than one year for the second offense. However, the fine imposed by this item shall not be suspended in an amount less than one thousand one hundred 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 thirty days upon terms and conditions the court considers proper;

(3)    by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars and imprisonment for not less than sixty days six months nor more than three years for the third offense;"

SECTION    8.    Section 56-5-2941 of the 1976 Code, as added by Act 390 of 2000, is amended to read:

"Section 56-5-2941.    In addition to the penalties required and authorized to be imposed against a person violating the provisions of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945, the court may require such person, whether or not he is a first or subsequent offender and if he is a resident of this State, to have installed on the vehicle he was operating if it is registered and licensed in his name or in the name of a member of his immediate family an ignition interlock device designed to prevent the operation of the motor vehicle if the operator has consumed alcoholic beverages. The court in imposing the requirements of this section shall specify the length of time which the interlock device is required to be affixed to the vehicle, shall provide that the cost of the interlock device must be borne by the offender, and shall require the offender to periodically report to appropriate law enforcement or probation authorities for the purpose of verifying that the interlock device is affixed to the vehicle and operational during the time required by the court. The State Law Enforcement Division, in consultation with the department, shall develop regulations including, but not limited to, regulations governing the use, maintenance, and operation of ignition interlock devices.

If the offender is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order an interlock device to be affixed to the vehicle and paid for by the jurisdiction making the arrest from fines paid pursuant to Sections 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, and 56-5-2945."

SECTION    9.    Section 56-5-2942 of the 1976 Code, as added by Act 61 of 2003, is amended to read:

"Section 56-5-2942.    (A)    A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945 must have all motor vehicles owned by or registered to him immobilized if the person is a resident of this State, unless the vehicle has been confiscated pursuant to Section 56-5-6240.

(B)    For purposes of this section, 'immobilized' and 'immobilization' mean suspension and surrender of the registration and motor vehicle license plate.

(C)    Upon sentencing for a second or subsequent violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945, the court must ascertain the registration numbers or other information to determine the identity of the vehicles to be immobilized. The court must notify the department of a person's conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945 and the identity of the vehicles to be immobilized.

(D)    Upon notification by a court in this State or by any other state of a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945, the department must require the person convicted to surrender all license plates and vehicle registrations subject to immobilization pursuant to this section. The immobilization is for a period of thirty days to take place during the driver's license suspension pursuant to a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945. The department must maintain a record of all vehicles immobilized pursuant to this section.

(E)    An immobilized motor vehicle must be released to the holder of a bona fide lien on the motor vehicle when possession of the motor vehicle is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien.

(F)    An immobilized motor vehicle may be released by the department without legal or physical restraints to a person who has not been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945, if that person is a registered owner of the motor vehicle or a member of the household of a registered owner. The vehicle must be released if an affidavit is submitted by that person to the department stating that:

(1)    he regularly drives the motor vehicle subject to immobilization;

(2)    the immobilized motor vehicle is necessary to his employment, transportation to an educational facility, or for the performance of essential household duties;

(3)    no other vehicle is available for the use of the person;

(4)    the person will not authorize the use of the motor vehicle by any other person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945;

(5)    the person will report immediately to a local law enforcement agency any unauthorized use of the motor vehicle by a person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945.

(G)    The department may conduct a hearing and receive testimony regarding the veracity of an affidavit submitted pursuant to subsection (F) or issue an agency decision to permit or deny the release of the vehicle based on the affidavit. A person may seek relief pursuant to the provisions of the Administrative Procedures Act from an agency action immobilizing a vehicle or denying the release of the vehicle.

(H)    A person who operates an immobilized vehicle except as provided in subsections (E) and (F) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(I)    A person who falsifies a report concerning vehicles owned by or registered to that person, or who fails to surrender registrations and license plates pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(J)    The court must assess a fee of forty dollars for each motor vehicle owned by or registered to the person convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945. This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the Department of Public Safety to defray the expenses of the Division of Motor Vehicles."

SECTION    10.    Section 56-5-2947(A) of the 1976 Code, as last amended by Act 14 of 1997, is further amended to read:

"(A)    A person eighteen years of age or over is guilty of child endangerment when:

(1)    the person is in violation of:

(a)    Section 56-5-750;

(b)    Section 56-5-2930; or

(c)    Section 56-5-2931;

(d)    Section 56-5-2932;

(e)    Section 56-5-2933; or

(f)    Section 56-5-2945; and

(2)    the person has one or more passengers under sixteen years of age in the motor vehicle when the violation occurs.

If more than one passenger under sixteen years of age is in the vehicle when a violation of subsection (A)(1) occurs, the person may be charged with only one violation of this section."

SECTION    11.    Section 56-5-2950 of the 1976 Code, as last amended by Act 61 of 2003, is further amended to read:

"Section 56-5-2950.    (a) (A)    A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of alcohol and drugs. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the alcohol concentration is eight one-hundredths of one percent or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by the department, pursuant to SLED policies. The arresting officer may administer the tests if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Before the breath test is administered, an eight one-hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.076 percent and 0.084 percent. Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. Blood and urine samples must be obtained and handled in accordance with procedures approved by SLED.

No tests may be administered or samples obtained unless the person has been informed in writing that:

(1)    he does not have to take the test or give the samples, but that his privilege to drive must be suspended or denied for at least ninety days one year if he refuses to submit to the tests and that his refusal may be used against him in court;

(2)    his privilege to drive must be suspended for at least thirty days if he takes the tests or gives the samples and has an alcohol concentration of fifteen one-hundredths of one percent or more;

(3)    he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;

(4)    he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and

(5)    if he does not request an administrative hearing or if his suspension is upheld at the administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.

A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause alleging that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.

The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified in writing of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer.

The arresting officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance, at a minimum, includes providing transportation for the person to the nearest medical facility which provides blood tests to determine a person's alcohol concentration. If the medical facility obtains the blood sample but refuses or fails to test the blood sample to determine the person's alcohol concentration, SLED must test the blood sample and provide the result to the person and to the arresting officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.

SLED must administer the provisions of this subsection and must make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State.

A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.

(b) (B)    In the criminal prosecution for a violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945 relating to driving a vehicle under the influence of alcohol, drugs, or a combination of alcohol and drugs, the alcohol concentration at the time of the test, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following:

(1)    If the alcohol concentration was at that time five one-hundredths of one percent or less, it is conclusively presumed that the person was not under the influence of alcohol.

(2)    If the alcohol concentration was at that time in excess of five one-hundredths of one percent but less than eight one-hundredths of one percent, this fact does not give rise to any inference that the person was or was not under the influence of alcohol, but this fact may be considered with other evidence in determining the guilt or innocence of the person.

(3)    If the alcohol concentration was at that time eight one-hundredths of one percent or more but not more than twelve one-hundredths of one percent, it may be inferred that the person was under the influence of alcohol.

(4)    If the alcohol concentration was at the time thirteen one-hundredths of one percent but not more than eighteen one-hundredths of one percent, it may be inferred that the person was seriously intoxicated and has violated the provisions contained in Section 56-5-2931.

(5)    If the alcohol concentration was at the time nineteen one-hundredths of one percent or more, it may be inferred that the person was grossly intoxicated and has violated the provisions contained in Section 56-5-2932.

(6)    If the alcohol concentration was at that time eight one-hundredths of one percent or more and the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest, the person has violated Section 56-5-2933.

The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them.

(c) (C)    A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (a)(A) of this section.

(d) (D)    A person required to submit to tests by the arresting law enforcement officer must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any trial or other proceeding in which the results of the tests are used as evidence. A person who obtains additional tests must furnish a copy of the time, method, and results of any test to the officer before any trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence.

(e) (E)    Policies, procedures, and regulations promulgated by SLED may be reviewed by the trial judge or hearing officer on motion of either party. The failure to follow any of these policies, procedures, and regulations, or the provisions of this section, shall result in the exclusion from evidence any tests results, if the trial judge or hearing officer finds that such failure materially affected the accuracy or reliability of the tests results or the fairness of the testing procedure.

(f)(F)    If a state employee charged with the maintenance of breath testing devices in this State and the administration of breath testing policy is required to testify at an administrative hearing or court proceeding, the entity employing the witness may charge a reasonable fee to the defendant for these services."

SECTION    12.    Section 56-5-2951 of the 1976 Code, as last amended by Act 61 of 2003, is further amended to read:

"Section 56-5-2951.    (A)    The Department of Motor Vehicles must suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of fifteen one-hundredths of one percent or more. The arresting officer must issue a notice of suspension which is effective beginning on the date of the alleged violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945.

(B)    Within thirty days of the issuance of the notice of suspension, the person may:

(1)    obtain a temporary alcohol restricted license by filing with the Department of Motor Vehicles a form for this purpose. A one hundred-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the Department of Public Safety for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (F) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license remains in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (H); and

(2)    request an administrative hearing.

At the administrative hearing if:

(a)    the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (I). Within thirty days of the issuance of the notice that the suspension has been upheld, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990;

(b)    the suspension is overturned, the person must have his driver's license, permit, or nonresident operating privilege reinstated .

The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945.

(C)    The period of suspension provided for in subsection (I) begins on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continues until the person applies for a temporary alcohol restricted license and requests an administrative hearing.

(D)    If a person does not request an administrative hearing, he waives his right to the hearing, and his suspension must not be stayed but continues for the period provided for in subsection (I).

(E)    The notice of suspension must advise the person of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also must advise the person that, if he does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he waives his right to the administrative hearing, and the suspension continues for the period provided for in subsection (I). The notice of suspension must also advise the person that if the suspension is upheld at the administrative hearing or if he does not request an administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.

(F)    An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not hold the hearing within thirty days, a written order must be issued by the department within thirty days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within thirty days or fails within thirty days to notify the defendant of a new hearing, the person must have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:

(1)    was lawfully arrested or detained;

(2)    was advised in writing of the rights enumerated in Section 56-5-2950;

(3)    refused to submit to a test pursuant to Section 56-5-2950; or

(4)    consented to taking a test pursuant to Section 56-5-2950, and the:

(a)    reported alcohol concentration at the time of testing was fifteen one- hundredths of one percent or more;

(b)    individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;

(c)    tests administered and samples obtained were conducted pursuant to Section 56-5-2950; and

(d)    the machine was working properly.

Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.

A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.

(G)    An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review stays the suspension until a final decision is issued.

(H)    (1)    If the suspension is upheld at the administrative hearing, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 and may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license permits him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also permits him to drive to and from the Alcohol Drug Safety Action Program classes or to a court-ordered drug program. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, or location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program.

(2)    If the department issues a special restricted driver's license, it must designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of attendance of his court-ordered drug program, or residence must be reported immediately to the department by the licensee.

(3)    The fee for a special restricted driver's license is one hundred dollars, but no additional fee may be charged because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund, and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.

(4)    The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.

(I)(1)    The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to, an arrested person who has no previous convictions for violating Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is (a) ninety days one year for a person who refuses to submit to a test pursuant to Section 56-5-2950; or (b) thirty days for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.

(2)    The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to, an arrested person who has been convicted previously for violating Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, or who has had a previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is one hundred eighty days year if he refuses to submit to a test pursuant to Section 56-5-2950 or sixty days if he takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.

(J)    A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (I) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue the services of the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license must be suspended until the completion of the Alcohol and Drug Safety Action Program. A person must be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.

(K)    When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the provisions of this section, the department must give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.

(L)    The department must not suspend the privilege to drive of a person under the age of twenty-one pursuant to Section 56-1-286 if the person's privilege to drive has been suspended under this section arising from the same incident.

(M)    A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.

(N)    An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Section 56-1-286, 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation.

(O)    The department must administer the provisions of this section and must promulgate regulations necessary to carry out its provisions.

(P)    If a person does not request an administrative hearing within the thirty-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license permits him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also permits him to drive to and from Alcohol and Drug Safety Action Program classes or a court-ordered drug program. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program. The department must designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of his court-ordered drug program, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."

SECTION    13.    Section 56-5-2953, as last amended by Act 61 of 2003, is further amended to read:

"Section 56-5-2953.    (A)    A person who violates Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945 must have his conduct at the incident site and the breath test site videotaped.

(1)    The videotaping at the incident site must:

(a)    begin not later than the activation of the officer's blue lights and conclude after the arrest of the person for a violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or a probable cause determination that the person violated Section 56-5-2945; and

(b)    include the person being advised of his Miranda rights before any field sobriety tests are administered, if the tests are administered.

(2)    The videotaping at the breath site:

(a)    must be completed within three hours of the person's arrest for a violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945 or a probable cause determination that the person violated Section 56-5-2945, unless compliance is not possible because the person needs emergency medical treatment considered necessary by licensed medical personnel;

(b)    must include the reading of Miranda rights, the entire breath test procedure, the person being informed that he is being videotaped, and that he has the right to refuse the test;

(c)    must include the person taking or refusing the breath test and the actions of the breath test operator while conducting the test;

(d)    must also include the person's conduct during the required twenty-minute pre-test waiting period, unless the officer submits a sworn affidavit certifying that it was physically impossible to videotape this waiting period. However, if the arresting officer administers the breath test, the person's conduct during the twenty-minute pre-test waiting period must be videotaped.

The videotapes of the incident site and of the breath test site are admissible pursuant to the South Carolina Rules of Evidence in a criminal, administrative, or civil proceeding by any party to the action.

(B)    Nothing in this section may be construed as prohibiting the introduction of other evidence in the trial of a violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945. Failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal of any charge made pursuant to Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or 56-5-2945 if the arresting officer submits a sworn affidavit certifying that the videotape equipment at the time of the arrest, probable cause determination, or breath test device was in an inoperable condition, stating reasonable efforts have been made to maintain the equipment in an operable condition, and certifying that there was no other operable breath test facility available in the county or, in the alternative, submits a sworn affidavit certifying that it was physically impossible to produce the videotape because the person needed emergency medical treatment, or exigent circumstances existed. Further, in circumstances including, but not limited to, road blocks, traffic accident investigations, and citizens' arrests, where an arrest has been made and the videotaping equipment has not been activated by blue lights, the failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal. However, as soon as videotaping is practicable in these circumstances, videotaping must begin and conform with the provisions of this section. Nothing in this section prohibits the court from considering any other valid reason for the failure to produce the videotape based upon the totality of the circumstances; nor do the provisions of this section prohibit the person from offering evidence relating to the arresting law enforcement officer's failure to produce the videotape.

(C)    A videotape must not be disposed of in any manner except for its transfer to a master tape for consolidation purposes until the results of any legal proceeding in which it may be involved are finally determined.

(D)    SLED is responsible for purchasing, maintaining, and supplying all necessary videotaping equipment for use at the breath test sites. SLED also is responsible for monitoring all breath test sites to ensure the proper maintenance of videotaping equipment. The Department of Public Safety is responsible for purchasing, maintaining, and supplying all videotaping equipment for use in all law enforcement vehicles used for traffic enforcement. The Department of Public Safety also is responsible for monitoring all law enforcement vehicles used for traffic enforcement to ensure proper maintenance of videotaping equipment.

(E)    Beginning one month from the effective date of this act, all of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to equip all breath test sites with videotaping devices and supplies. Once all breath test sites have been equipped fully with videotaping devices and supplies, eighty-seven and one-half percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by the Department of Public Safety to purchase, maintain, and supply videotaping equipment for vehicles used for traffic enforcement. The remaining twelve and one-half percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to purchase, maintain, and supply videotaping equipment for the breath test sites. Funds must be distributed by the State Treasurer to the Department of Public Safety and SLED on a monthly basis. The Department of Public Safety and SLED are authorized to carry forward any unexpended funds received in accordance with Section 14-1-208(C)(9) as of June thirtieth of each year and to expend these carried forward funds for the purchase, maintenance, and supply of videotaping equipment. The Department of Public Safety and SLED must report the revenue received under this section and the expenditures for which the revenue was used as required in the department's and SLED's annual appropriation request to the General Assembly.

(F)    The Department of Public Safety and SLED must promulgate regulations necessary to implement the provisions of this section.

(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    14.    Section 56-5-2970 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"Section 56-5-2970.    All clerks of court, magistrates, city recorders, and other public officers in this State having charge or responsibility with respect to convictions or of the entry of pleas of guilty or of nolo contendere or of the forfeitures of bail posted for violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, 56-5-2945, or for convictions or of the entry of pleas of guilty or of nolo contendere or of the forfeitures of bail posted for violations of any other laws or ordinances of this State that prohibit any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics are required to report to the Department of Motor Vehicles every such conviction, plea of guilty or of nolo contendere or bail forfeiture within ten days after such conviction, entry of a plea of guilty or of nolo contendere or forfeiture or after the receipt of such report, as the case may be. Such reports shall be made upon forms to be provided by the department, arranged in duplicate, and the director of the Department of Motor Vehicles shall acknowledge the filing of each such report by signing the duplicate of such report and returning it to the officer making it, to be kept by such officer as evidence of his compliance with the requirement that he make such report.

Any person violating the provisions of this section shall be subject to a penalty of twenty-five dollars for each such failure, to be collected by the Attorney General or the solicitors of the State under the direction of the Attorney General and paid into the general fund of the State."

SECTION    15.    Section 56-5-2980 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"Section 56-5-2980.    In all trials and proceedings in any court of this State in which the defendant is charged with a violation of Section 56-5-2920, 56-5-2930, 56-5-2931, 56-5-2932, or 56-5-2933, or 56-5-2945 photostatic, optical disk, or other copies of the reports required to be filed with the department pursuant to Section 56-5-2970 shall be deemed prima facie evidence of the information contained on such reports for the purpose of showing any previous conviction of the defendant in any other court. Copies of the reports must be duly certified by the director of the department or his designee as true copies. If the defendant stipulates that the charge constitutes a second or subsequent offense, the indictment shall not contain allegations of prior offenses and evidence of such prior offenses must not be introduced."

SECTION    16.    Section 56-5-2990(A) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"(A)    The department shall suspend the driver's license of a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, 56-5-2945, or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail; one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail; two years for the third conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth or subsequent conviction, plea of guilty or of nolo contendere, or forfeiture of bail. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. A person whose license is revoked following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Motor Vehicles to operate a motor vehicle except as provided in Section 56-1-385."

SECTION    17.    Section 56-5-2990(F) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"(F)    Except as provided for in Section 56-1-365(D) and (E), the driver's license suspension periods under this section begin on the date the person is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, 56-5-2945 or for the violation of any other law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics; however, a person is not prohibited from filing a notice of appeal and receiving a certificate which entitles him to operate a motor vehicle for a period of sixty days after the conviction, plea of guilty or nolo contendere, or bail forfeiture pursuant to Section 56-1-365(F)."

SECTION    18.    Section 56-5-2995 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"Section 56-5-2995.    (A)    In addition to the penalties imposed for a first offense violation of Section 56-5-2930, 56-5-2931, 56-5-2932, or 56-5-2933 in magistrate's or municipal court, an additional assessment of twelve dollars must be added to any punishment imposed which must be remitted to the State Treasurer who shall then distribute the twelve-dollar assessments in the manner provided in Section 14-1-201.

(B)    In addition to the penalties and assessments imposed for a second or subsequent violation of Section 56-5-2930, 56-5-2931, 56-5-2932, 56-5-2933, or a violation of Section 56-5-2945 in general sessions court, an additional assessment of twelve dollars must be added to any punishment imposed which must be remitted to the State Treasurer who shall then distribute these the twelve-dollar assessments in the manner provided in Section 14-1-201."

SECTION    19.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    20.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    21.    This act takes effect upon approval by the Governor except that the State Law Enforcement Division is not required to implement those provisions of Section 56-5-2934 as contained in SECTION 5 pertaining to the compulsory process for obtaining witnesses until such time as the General Assembly provides funding for the program.

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This web page was last updated on Thursday, June 25, 2009 at 10:00 A.M.