South Carolina General Assembly
116th Session, 2005-2006

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Bill 3343


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE TRAFFIC DIVERSION PROGRAM, TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE APPROPRIATE MUNICIPALITY OR COUNTY IS AUTHORIZED TO CREATE A PROGRAM WITH THE APPROVAL OF THE SOLICITOR, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.

SECTION    1.    Sections 17-22-10 through 17-22-170 of the 1976 Code are designated as Article 1 of Chapter 22, Title 17.

SECTION    2.    The 1976 Code is amended by adding:

"Article 3

Traffic Diversion Program

Section 17-22-300.    This article may be cited as the 'Traffic Diversion Program Act'.

Section 17-22-310.    (A)    Notwithstanding another provision of law, each circuit solicitor has the prosecutorial discretion, as defined in this chapter, to establish and administer a traffic diversion program for persons who commit traffic-related offenses which are punishable only by a fine or loss of points.

(B)    If a circuit solicitor chooses not to establish a traffic diversion program in his circuit, with his approval the appropriate municipality or county is authorized to establish and administer a traffic diversion program.

(C)    A traffic diversion program must include a community service or an educational component, or both.

Section 17-22-320.    (A)    A person may be considered for a traffic diversion program if he has no significant prior traffic-related offenses on his record. A person may not participate in the traffic diversion program more than once.

(B)    A person's participation in the traffic diversion program does not prevent his participation in the pretrial intervention program pursuant to the provisions and conditions of Article 1.

Section 17-22-330.    (A)    When a person successfully completes a traffic diversion program, the circuit solicitor or his designee in the appropriate municipality or county shall effect a noncriminal disposition, as defined in this chapter, of the traffic-related offense and there may be no record maintained of the traffic-related offense except by the appropriate traffic diversion program in order to ensure that a person does not take advantage of the provisions of this article more than once.

(B)    If applicable, the offender may apply to the court for an order to destroy all official records relating to his arrest.

(C)    If a person violates the conditions of a traffic diversion program, the person may be terminated from the program and the traffic-related offense reinstated by the circuit solicitor or his designee in the appropriate municipality or county.

Section 17-22-340.    Each circuit solicitor, or if designated by the circuit solicitor pursuant to Section 17-22-310(B), a municipality, or county, as appropriate, may establish its own Office of Traffic Diversion Program Coordinator whose responsibility is to assist in the establishment and maintenance of the program.

Section 17-22-350.    A person shall pay a nonrefundable fee for this program. A person may not be charged an amount exceeding one hundred fifty dollars for participation in this program; however, services may not be denied due to a person's inability to pay."

SECTION    3.    The Code Commissioner is authorized to change references in Article 1, Chapter 22, Title 17, as provided in SECTION 1, from "chapter" to "article" as appropriate.

SECTION    4.    This act takes effect upon approval by the Governor.

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