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Sponsors: Senators Hutto, McConnell, Mescher, Fair and Ford
Document Path: l:\s-jud\bills\hutto\jud0020.cbh.doc
Introduced in the Senate on January 11, 2005
Introduced in the House on April 19, 2006
Currently residing in the House Committee on Judiciary
Summary: What constitutes a prior offense for DUI
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/8/2004 Senate Prefiled 12/8/2004 Senate Referred to Committee on Judiciary 1/11/2005 Senate Introduced and read first time SJ-89 1/11/2005 Senate Referred to Committee on Judiciary SJ-89 2/10/2005 Senate Referred to Subcommittee: Hutto (ch), Jackson, Knotts, Bryant 4/12/2006 Senate Committee report: Favorable Judiciary SJ-8 4/13/2006 Senate Read second time SJ-7 4/18/2006 Senate Read third time and sent to House SJ-13 4/19/2006 House Introduced and read first time HJ-5 4/19/2006 House Referred to Committee on Judiciary HJ-6
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
April 12, 2006
S. Printed 4/12/06--S.
Read the first time January 11, 2005.
To whom was referred a Bill (S. 17) to amend Section 56-5-2940, Code of Laws of South Carolina, 1976, relating to the penalties for operating a motor vehicle while under the influence of intoxicating, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
C. BRADLEY HUTTO for Committee.
EXPLANATION OF IMPACT:
Department of Public Safety (DPS)
The department states that this bill would have no impact on the General Fund of the State and a minimal impact on other funds that involve a change in the Criminal Justice Academy's lesson plans, and could be absorbed within existing resources.
The department indicates there will be a minimal fiscal impact on the General Fund of the State, which can be absorbed by the agency at the current level of funding.
Office of State Budget
TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 56-5-2930 OR SECTION 56-5-2933 CONSTITUTES A PRIOR OFFENSE FOR PURPOSES OF DETERMINING SUBSEQUENT VIOLATIONS IN ACCORDANCE WITH SECTION 56-5-2940.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2940 of the 1976 Code is amended to read:
"Section 56-5-2940. A person who violates a provision of Section 56-5-2930 or Section 56-5-2933, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:
(1) by a fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense; 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;
(2) by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars and imprisonment for not less than five days nor more than one year for the second offense. However, the fine imposed by this item shall not be suspended in an amount less than one thousand one hundred 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 thirty days upon terms and conditions the court considers proper;
(3) by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars and imprisonment for not less than sixty days nor more than three years for the third offense;
(4) by imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense.
No part of the minimum sentences provided in this section may 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 a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including, but not limited to, Sections 56-5-2930 and 56-5-2933, constitutes a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation constitute prior 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.
One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol.
Two hundred dollars of the fine imposed pursuant to subsection (3) must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the datamaster, breath testing site video program, ignition interlock provisions, and toxicology laboratory."
SECTION 2. The General Assembly declares that the amendment to Section 56-5-2940 of the 1976 Code providing that a violation of Section 56-5-2933, driving with an unlawful alcohol concentration, or a violation of Section 56-5-2930, driving under the influence, constitutes a prior offense for the purpose of determining a subsequent driving with an unlawful alcohol concentration violation or a subsequent driving under the influence violation, is a clarification of and not a change to the current law. The General Assembly is further codifying its previous legislative intent to avoid any ambiguity in interpretation.
SECTION 3. This act takes effect upon approval by the Governor.
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