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TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT ELIGIBLE TO PARTICIPATE IN A PRETRIAL INTERVENTION PROGRAM, SO AS TO CLARIFY THAT PERSONS WHO PREVIOUSLY PARTICIPATED IN AN ALCOHOL EDUCATION PROGRAM ARE NOT PREVENTED FROM SUBSEQUENT PARTICIPATION IN A PRETRIAL INTERVENTION PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-22-50 of the 1976 Code is amended to read:
"Section 17-22-50. (A) A person must not be considered for intervention if:
(1) he previously has been accepted into an intervention program, except as provided in subsection (C); or
(2) the person is charged with:
(a) blackmail;
(b) driving under the influence or driving with an unlawful alcohol concentration;
(c) a traffic-related offense which is punishable only by fine or loss of points;
(d) a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1120;
(e) a crime of violence as defined in Section 16-1-60; or
(f) an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.
(B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge.
(C) A person's prior participation in an alcohol education program does not prevent his subsequent participation in a pretrial intervention program pursuant to this article."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on December 18, 2018 at 1:51 PM