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Current Status Bill Number:View additional legislative information at the LPITS web site.165 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Courtney All Sponsors:Courtney, Leventis, McConnell, Hayes Drafted Document Number:l:\council\bills\ggs\22075cm99.doc Residing Body:Senate Subject:DUI, percent of alcohol used to determine person's guilt decreased; Transportation Department, Traffic violations History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990224 Committee report: Favorable with 11 SJ amendment Senate 19990112 Introduced, read first time, 11 SJ referred to Committee Senate 19981216 Prefiled, referred to Committee 11 SJ Versions of This Bill Revised on February 24, 1999 - Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 24, 1999
S. 165
S. Printed 2/24/99--S.
Read the first time January 12, 1999.
To whom was referred a Bill (S. 165), to amend Section 56-5-2930, as amended, Code of Laws of South Carolina, 1976, relating to driving under the influence, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 56-5-2930 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"Section 56-5-2930. (A) It is unlawful for a person to drive a motor vehicle within this State while under the:
(1) influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired;
(2) influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired; or
(3) combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired.
(B) A person is grossly intoxicated if he drives a vehicle while under the influence of intoxicating liquors, drugs, or a similar substance and one of the following factors is present:
(1) the person's manner, disposition, speech, muscular movement, general appearance, or behavior is affected grossly by the influence of intoxicating liquors, drugs, or a similar substance; or
(2) at the time of the offense, there was twenty one-hundredths of one percent or more by weight of alcohol in the person's blood.
(C) The question of gross intoxication is one of fact which must be determined by the trier of fact."
SECTION 2. Section 56-5-2940 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"Section 56-5-2940. A person violating who violates a provision of Section 56-5-2930, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail, must be punished in accordance with the following:
(1)(a) By by a fine of three hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense if the trier of fact does not find that the person was grossly intoxicated.
However, 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 must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence.;
(b) by a fine of one thousand dollars and imprisonment for ninety days for the first offense if the trier of fact finds that the person was grossly intoxicated pursuant to Section 56-5-2930. A magistrate shall have the authority to sentence a person pursuant to this subsection;
(2)(a) By by a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours nor more than one year for the second offense if the trier of fact does not find that the person was grossly intoxicated pursuant to Section 56-5-2930. However, the fine imposed by this item may not be suspended in an amount less than one thousand 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 ten days upon terms and conditions the court considers proper.;
(b) by a fine of not less than three thousand five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years for the second offense if the trier of fact finds that the person was grossly intoxicated pursuant to Section 56-5-2930;
(3)(a) By by a fine of not less than three thousand, five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years, for the third offense if the trier of fact does not find that the person was grossly intoxicated pursuant to Section 56-5-2930.;
(b) by imprisonment for not less than one year nor more than five years for the third offense if the trier of fact finds that the person was grossly intoxicated pursuant to Section 56-5-2930.;
(4)(a) Imprisonment by imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense if the trier of fact does not find that the person was grossly intoxicated pursuant to Section 56-5-2930;
(b) by imprisonment for not less than five years nor more than ten years for the fourth or subsequent offense if the trier of fact finds that the person was grossly intoxicated pursuant to Section 56-5-2930.
No part of the minimum sentences provided in this section must be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury, 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 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 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 hereof. Only those offenses violations which occurred within a period of ten years including and immediately preceding the date of the last offense violation shall constitute prior offenses 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. Section 56-5-2950(b) of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"(b) In the criminal prosecution for a violation of Section 56-5-2930 or 56-5-2945 relating to driving a vehicle under the influence of alcohol, drugs, or a combination of them, 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 ten one-hundredths of one percent, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that 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 ten one-hundredths of one percent or more but less than twenty 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 that time twenty one-hundredths of one percent or more, it may be inferred that the person was grossly intoxicated.
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."
SECTION 4. If any provision of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.
SECTION 5. This act takes effect upon approval by the Governor. /
Amend title to conform.
C. TYRONE COURTNEY, for Committee.
EXPLANATION OF IMPACT:
Judicial Department:
The Judicial Department forecasts a minimal fiscal impact on the General Fund of the State which assumes the additional costs can be absorbed.
Department of Corrections:
The department does not have specific data to predict the number of offenders who will receive enhanced sentences under the proposed definition of grossly intoxicated. However, the department does report for FY 97-98, 423 inmates were admitted convicted of driving under the influence of liquor as their most serious offense. It is anticipated that some percentage of the expected admissions for driving under the influence could receive an enhanced sentence resulting in a minimal increase in the department's population. Therefore, there will be minimal impact on the General Fund of the State if this bill is passed.
Department of Public Safety:
The Department of Public Safety states the general fund costs would be $9,000 for the driver records filing. The estimate is based on 300 hours at $30.00 per hour of data processing to modify the system in order to identify those drivers' records that must be grouped into a new category for "gross intoxication".
Approved By:
Les Boles
Office of State Budget
TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE FOR THE OFFENSE OF GROSS INTOXICATION; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTY FOR DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED PENALTIES FOR A PERSON WHO HAS MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO HAS MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD IS GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON CONVICTED OF DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED PENALTIES FOR A PERSON WHO IS GUILTY OF GROSS INTOXICATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF DRIVING WHILE INTOXICATED AND AT THE TIME OF THE OFFENSE HAD TWENTY ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN HIS BLOOD MAY NOT RECEIVE A PROVISIONAL DRIVER'S LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2930 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"Section 56-5-2930. (A) It is unlawful for a person to drive a motor vehicle within this State while under the:
(1) influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired;
(2) influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired; or
(3) combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired.
(B) A person is grossly intoxicated if he drives a vehicle while under the influence of intoxicating liquors, drugs, or a similar substance and one of the following factors is present:
(1) the person's manner, disposition, speech, muscular movement, general appearance, or behavior is affected grossly by the influence of intoxicating liquors, drugs, or a similar substance; or
(2) at the time of the offense, there was twenty one-hundredths of one percent or more by weight of alcohol in the person's blood.
(C) The question of gross intoxication is one of fact which must be determined by a judge or jury."
SECTION 2. Section 56-5-2940 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"Section 56-5-2940. A person violating who violates a provision of Section 56-5-2930, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail, must be punished in accordance with the following:
"(1)(a) by a fine of three hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense if the person was not grossly intoxicated. However, 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 must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence.;
(b) by a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours nor more than one year for the first offense if the person was grossly intoxicated pursuant to Section 56-5-2930;
(2)(a) by a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours nor more than one year for the second offense if the person was not grossly intoxicated. However, the fine imposed by this item may not be suspended in an amount less than one thousand 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 ten days upon terms and conditions the court considers proper.;
(b) by a fine of not less than three thousand, five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years for the second offense if the person was grossly intoxicated pursuant to Section 56-5-2930;
(3)(a) by a fine of not less than three thousand, five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years, for the third offense if the person was not grossly intoxicated.;
(b) by imprisonment for not less than one year nor more than five years for the third offense if the person was grossly intoxicated pursuant to Section 56-5-2930.;
(4)(a) by imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense if the person was not grossly intoxicated;
(b) by imprisonment for not less than five years nor more than ten years for the fourth or subsequent offense if the person was grossly intoxicated pursuant to Section 56-5-2930."
No part of the minimum sentences provided in this section must be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury 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 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 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 hereof. Only those offenses violations which occurred within a period of ten years including and immediately preceding the date of the last offense violation shall constitute prior offenses 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. Section 56-5-2950(b) of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"(b) In the criminal prosecution for a violation of Section 56-5-2930 or 56-5-2945 relating to driving a vehicle under the influence of alcohol, drugs, or a combination of them, 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 ten one-hundredths of one percent, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that 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 ten one-hundredths of one percent or more, it may be inferred that the
person was under the influence of alcohol.
(4) If there was at that time twenty one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was grossly intoxicated.
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."
SECTION 4. Section 56-5-2990 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"Section 56-5-2990. 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 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. A person who was grossly intoxicated pursuant to Section 56-5-2930 shall have his driver's license suspended for one year for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail; two years for the second conviction, plea of guilty or nolo contendere, or forfeiture of bail; three years for the third conviction, plea of guilty or nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for fourth and subsequent offenses. 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 Public Safety to operate a motor vehicle except as provided in Section 56-1-385.
Any person whose license is suspended under the provisions of this section, Section 56-1-286, or 56-5-2951 must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services prior to reinstatement of the license. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. Entry into and successful completion of the services, if the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant. The applicant shall bear the cost of the services to be determined by the Alcohol and Drug Safety Action Program and approved by the Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. No applicant may be denied services due to an inability to pay. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed services within six months of the date of enrollment or shall certify that the person is making satisfactory progress toward completion of the program. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program within six months of enrollment, a hearing must be provided by the Alcohol and Drug Safety Action Program whose decision is appealable to the Department of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the department may restore the privilege to drive a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may not be endangered.
The department and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing, or otherwise. These 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.
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, 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 5. Section 56-1-1320 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-1320. A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics, and whose license is not presently suspended for any other reason, may apply to the motor vehicle division of the department to obtain a provisional driver's license of a design to be determined by the department to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 must be made by the director of the department or his designee. A person convicted of a violation of an ordinance of a municipality or law of this State that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics and at the time of the offense hd twenty one-hundredths of one percent or more by weight of alcohol in his blood is prohibited from obtaining a provisional license in this State."
SECTION 6. This act takes effect upon approval by the Governor.
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