Bill 194

                    Current Status

Bill Number:               194
Ratification Number:       198
Act Number                 114
Introducing Body:          Senate
Subject:                   DUI

(A114, R198, S194)

AN ACT TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATION OF LAWS PROHIBITING THE OPERATION OF MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF INTOXICATING SUBSTANCES, SO AS TO PROVIDE FOR A FINE OR MANDATORY IMPRISONMENT OR THE COURT MAY REQUIRE PUBLIC SERVICE EMPLOYMENT IN LIEU OF PRISON FOR A FIRST OFFENSE; A MANDATORY FINE AND IMPRISONMENT OR THE COURT MAY REQUIRE PUBLIC SERVICE EMPLOYMENT IN LIEU OF PRISON FOR A SECOND OFFENSE; A MANDATORY FINE AND IMPRISONMENT WITH NO OPTION TO PERFORM PUBLIC SERVICE EMPLOYMENT FOR A THIRD, FOURTH, OR FIFTH AND SUBSEQUENT OFFENSE; NO PART OF A MINIMUM SENTENCE SHALL BE SUSPENDED; MINIMUM SENTENCE IS MANDATORY WHEN BODILY INJURY RESULTS FROM DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS, COURT MAY SUSPEND ALL OR PART OF MONETARY FINE EXCEPT FOR FIRST OFFENSE; AND TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO SUSPENSION OF CONVICTED DRIVER'S LICENSE SO AS TO PROVIDE FOR THE SUSPENSION OF SUCH LICENSE FOR THREE YEARS FOR A FOURTH OFFENSE AND PERMANENT SUSPENSION FOR A FIFTH OR SUBSEQUENT OFFENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2945, SO AS TO PROVIDE ANY PERSON WHO CAUSES GREAT BODILY INJURY OR DEATH IS GUILTY OF A FELONY; TO PROVIDE THAT OFFENSES OF SECTION 56-5-2930 PRIOR TO ENACTMENT OF THIS ACT BE TRIED UNDER LAW IN FORCE AT TIME OF COMMISSION OF CRIME; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES SO AS TO INCLUDE THE CRIME IN SECTION 56-5-2945 OF INJURING OR KILLING ANY PERSON WHILE DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

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

Penalty

SECTION 1. Section 56-5-2940 of the 1976 Code, as last amended by Act 76 of 1981, is further amended to read:

"Section 56-5-2940. Any person violating any provision of Section 56-5-2930 shall, upon conviction, entry of a plea of guilty or of nolo contendere or forfeiture of bail, be punished in accordance with the following:

(1) By a fine of two hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense; provided, that in lieu of the forty-eight hour minimum imprisonment the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment shall be served at a time when the person is off from work and shall not interfere with his regular employment under such terms and conditions as the court deems proper; provided, further, that the court may not compel an offender to perform public service employment in lieu of the minimum sentence.

(2) By a fine of not less than one thousand dollars and imprisonment for not less than forty-eight hours nor more than one year for the second offense; provided, that 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 ten days upon such terms and conditions as the court deems proper;

(3) By a fine of not less than two thousand dollars and imprisonment for not less than sixty days nor more than three years, for the third offense;

(4) By a fine of not less than three thousand dollars and imprisonment for not less than ninety days nor more than four years, for the fourth offense;

(5) Imprisonment for not less than one year nor more than five years for a fifth offense or subsequent offense.

No part of the minimum sentences provided herein shall be suspended. The court may provide in lieu of service other sentences provided herein: For a third offense or any subsequent offense or for a violation of Section 56-5-2945 as it relates to great bodily injury the service of the minimum sentence is mandatory; provided, however, the judge may provide for the sentence to be served upon such terms and conditions as he deems proper including but not limited to weekend service or nighttime service in any fashion he deems necessary.

Nothing herein shall prohibit the court from suspending all or part of the monetary fines, except for first offense.

For the 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 State or any municipality of this 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 hereof. Only those offenses which occurred within a period of five years including and immediately preceding the date of the last offense shall constitute prior offenses 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."

Department to suspend driver's license upon conviction

SECTION 2. Section 56-5-2990 of the 1976 Code, as last amended by Act 355 of 1982, is further amended to read:

"Section 56-5-2990. The Department shall suspend the driver's license of any person who 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 or for the violation of any other law or ordinance of this State or of any municipality of this State that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for a period of six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, a period of one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, a period of two years for the third offense, a period of three years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section.

Any person whose license is suspended under the provisions of this section shall be notified on suspension by the Department of Highways and Public Transportation of the requirement to be evaluated by, and successfully complete, an Alcohol and Drug Safety Action Program, certified by the South Carolina Commission on Alcohol and Drug Abuse, prior to reinstatement of a license. An assessment of the degree and kind of alcohol and drug abuse problem, if any, of the applicant shall be prepared at no cost to the applicant and a plan of education or treatment, or both, shall be developed based upon the assessment. Entry into and successful completion of the services, if such services are necessary, recommended in the plan of education or treatment or both developed for the applicant shall be a mandatory requirement of the restoration of driving privileges to the applicant. The applicant shall bear the cost of such services, to be determined by the administering agency and approved by the Commission on Alcohol and Drug Abuse (Commission). Such cost shall not exceed one hundred dollars for education services and two hundred dollars in total for any and all services. No applicant shall be denied services due to an inability to pay. The applicant shall be terminated from the Alcohol and Drug Safety Action Program no later than six months after the date of program enrollment. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program by the end of the six month period of enrollment, a hearing must be provided by the administering agency and, if further needed, by the Commission. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the Department may restore the privilege to operate a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the Department if it determines public safety and the welfare of the petitioner will not be endangered.

The Department and the Commission shall develop such procedures as are necessary for the communication of information pertaining to relicensing or otherwise. Such procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the Department.

If a person whose driver's license has been permanently revoked pursuant to this section for at least five years is rehabilitated to the extent that he no longer is an unreasonable threat to the safety of himself and others, he may have his privilege to operate a motor vehicle restored by the Department. Prior to this restoration, the Department shall receive notification from the Commission that an administering agency has conducted an assessment of the degree of threat within the previous six months and found the threat to be clearly and substantially reduced from the time of initial assessment. The Department shall further ascertain that the applicant has committed no violations of the traffic and licensing laws during the time of revocation."

Persons arrested, etc., prior to enactment of this act

SECTION 3. Any person arrested, charged, or indicted under Section 56-5-2930 prior to the enactment of this act must be tried and sentenced and his driver's license suspended as provided by the law in force at the time of the commission of the crime.

Penalty

SECTION 4. The 1976 Code is amended by adding:

"Section 56-5-2945. Any person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a vehicle and when driving does any act forbidden by law or neglects any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes great bodily injury or death to any person other than himself, is guilty of a felony and upon conviction must be punished:

(1) By a mandatory fine of not less than five thousand dollars nor more than ten thousand dollars and mandatory imprisonment for not less than thirty days nor more than one year when great bodily injury results.

(2) By a mandatory fine of not less than ten thousand dollars nor more than twenty-five thousand dollars and mandatory imprisonment for not less than one year nor more than fifteen years when death results."

Crime classified as felony

SECTION 5. In addition to the crimes classified in Section 16-1-10 of the 1976 Code, as last amended by Act 33 of 1981, the crime in Section 56-5-2945, relating to injuring or killing any person while driving a vehicle under the influence of alcohol or drugs, is declared a felony.

Time effective

SECTION 6. This act shall take effect upon approval by the Governor.