Current Status Bill Number:841 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980114 Primary Sponsor:Hayes All Sponsors:Hayes, Giese, Wilson, Mescher, Gregory, Martin and Russell Drafted Document Number:pt\1404cm.98 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:DUI accident in which death or injury occurs, tests to detect presence of drugs, Transportation, Traffic violations
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980114 Introduced, read first time, 11 SJ
referred to Committee
Senate 19971117 Prefiled, referred to Committee 11 SJ
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TO AMEND SECTION 56-5-2945, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY THE OPERATION OF A VEHICLE WHILE THE DRIVER IS UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO PROVIDE FOR THE ADMINISTRATION OF TESTS TO DETECT THE PRESENCE OF ALCOHOL, DRUGS, OR THE COMBINATION OF ALCOHOL AND DRUGS IN A PERSON WHO HAS BEEN ARRESTED FOR VIOLATING THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2945 of the 1976 Code, as last amended by Act 184 of 1993, is further amended by adding at the end:
"(C) Notwithstanding another provision of law, a person shall submit to either one or a combination of SLED approved breath tests, blood tests, or urine tests to detect the presence of alcohol, drugs, or the combination of alcohol and drugs if there is probable cause to believe that the person has violated this section or if the person is under lawful arrest for a violation of this section.
The test must be administered at the request of a law enforcement officer who has probable cause to believe that the person has violated this section or that the person is under arrest for violation of this section. The administration of one test does not preclude the administration of other tests. The refusal, resistance, obstruction, or opposition to testing upon the request of a law enforcement officer pursuant to this section is evidence admissible at the trial of the criminal offense which precipitated the demand for testing. A person tested or giving samples for testing may have a qualified person of his choice conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in the criminal trial.
The provisions of Section 56-5-2950 relating to the administration of tests for determining the weight of alcohol in an individual's blood, additional tests at the individual's expense, availability of other competent evidence bearing upon the question whether or not the person was under the influence of alcohol, drugs, or a combination of them, availability of test information to the individual or individual's attorney, and liability of medical institutions and persons administering the tests are applicable to this section and also extend to the officer requesting the test, the State, political subdivision, or governmental agency or entity which employs the officer making the request, and the agency, institution, or employer, either governmental or private, of persons administering the tests. Notwithstanding another provision of law pertaining to confidentiality of hospital records or other medical records, information obtained pursuant to this subsection must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of this section upon request for this information."
SECTION 2. This act takes effect upon approval by the Governor.