Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-5-2953 of the 1976 Code, as last amended by Act 201 of 2008, is further amended to read:
Section 56-5-2953. (A)
A person who violates Section 56-5-2930,
56-5-2933, or 56-5-2945 must have his conduct at the incident
site and the breath test site video recorded.
(1)(a)
The video recording at the incident site must:
(i)
not begin later than the activation
of the officer's blue lights;
(ii)
include an audio recording;
(iii)
include any field sobriety tests administered;
and
(iii)(iv)
include the arrest of a person for a violation of Section
56-5-2930 or Section 56-5-2933, or a probable cause
determination in that the person violated Section 56-5-2945, and
show the person being advised of his Miranda rights.
(b)
A refusal to take a field sobriety test does not
constitute disobeying a police command.
(2)
The video recording at the breath test site must:
(a)
include the entire breath test procedure, the person being
informed that he is being video recorded, and that he has the
right to refuse the test;
(b)
include the person taking or refusing the breath test and
the actions of the breath test operator while conducting the
test; and
(c)
also include the person's conduct during the required
twenty-minute pretest waiting period, unless the officer submits
a sworn affidavit certifying that it was physically impossible
to video record this waiting period.
(3)
The video recordings of the incident site and of the
breath test site are admissible pursuant to the South Carolina
Rules of Evidence in a criminal, administrative, or civil
proceeding by any party to the action.
(B) Nothing in this
section may be construed as prohibiting the introduction of
other relevant evidence in the trial of a violation of Section
56-5-2930, 56-5-2933, or 56-5-2945. Failure by the arresting
officer to produce the video or audio recording required
by this section is not alone a ground for dismissal of any
charge made pursuant to Section 56-5-2930, 56-5-2933, or
56-5-2945 if the arresting officer submits a sworn affidavit
certifying that the video or audio recording equipment at
the time of the arrest or probable cause determination, or video
equipment at the breath test facility was in an inoperable
condition, stating which reasonable efforts have been made to
maintain the equipment in an operable condition, and certifying
that there was no other operable breath test facility available
in the county or, in the alternative, submits a sworn affidavit
certifying that it was physically impossible to produce the
video or audio recording because the person needed
emergency medical treatment, or exigent circumstances existed.
In circumstances including, but not limited to, road blocks,
traffic accident investigations, and citizens' arrests, where an
arrest has been made and the video and audio recording
equipment hashave not been activated by
blue lights, the failure by the arresting officer to produce the
video or audio recordings required by this section is not
alone a ground for dismissal. However, as soon as video and
audio recording is practicable in these circumstances, video
and audio recording must begin and conform with the
provisions of this section. Nothing in this section prohibits
the court from considering any other valid reason for the
failure to produce the video or audio recording based
upon the totality of the circumstances; nor do the provisions
of this section prohibit the person from offering evidence
relating to the arresting law enforcement officer's failure to
produce the video or audio recording.
(C) A video or
audio recording must not be disposed of in any manner except
for its transfer to a master recording for consolidation
purposes until the results of any legal proceeding in which it
may be involved are finally determined.
(D) SLED is responsible
for purchasing, maintaining, and supplying all necessary video
recording equipment for use at the breath test sites. SLED also
is responsible for monitoring all breath test sites to ensure
the proper maintenance of video recording equipment. The
Department of Public Safety is responsible for purchasing,
maintaining, and supplying all videotaping and audio
equipment for use in all law enforcement vehicles used for
traffic enforcement. The Department of Public Safety also is
responsible for monitoring all law enforcement vehicles used for
traffic enforcement to ensure proper maintenance of video and
audio recording equipment.
(E) Beginning one month
from the effective date of this section, all of the funds
received in accordance with Section 14-1-208(C)(9) must be
expended by SLED to equip all breath test sites with video
recording devices and supplies. Once all breath test sites have
been equipped fully with video recording devices and supplies,
eighty-seven and one-half percent of the funds received in
accordance with Section 14-1-208(C)(9) must be expended by the
Department of Public Safety to purchase, maintain, and supply
video recording equipment for vehicles used for traffic
enforcement. The remaining twelve and one-half percent of the
funds received in accordance with Section 14-1-208(C)(9) must be
expended by SLED to purchase, maintain, and supply video
recording equipment for the breath test sites. Funds must be
distributed by the State Treasurer to the Department of Public
Safety and SLED on a monthly basis. The Department of Public
Safety and SLED are authorized to carry forward any unexpended
funds received in accordance with Section 14-1-208(C)(9) as of
June thirtieth of each year and to expend these carried forward
funds for the purchase, maintenance, and supply of video
recording equipment. The Department of Public Safety and SLED
must report the revenue received under this section and the
expenditures for which the revenue was used as required in the
department's and SLED's annual appropriation request to the
General Assembly.
(F) The Department of
Public Safety and SLED must promulgate regulations necessary to
implement the provisions of this section.
(G) The provisions
contained in Section 56-5-2953(A), (B), and (C) take effect for
each law enforcement vehicle used for traffic enforcement once
the law enforcement vehicle is equipped with a video recording
device. The provisions contained in Section 56-5-2953(A), (B),
and (C) take effect for a breath test site once the breath test
site is equipped with a video recording device."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.