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H. 3059
STATUS INFORMATION
General Bill
Sponsors: Rep. Kirsh
Document Path: l:\council\bills\ggs\22642cm03.doc
Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary
Summary: Breath tests for DUI, simulator test performed according to SLED procedures prior to administering; videotaping of incident site not required to conclude after arrest
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 House Prefiled 12/4/2002 House Referred to Committee on Judiciary 1/14/2003 House Introduced and read first time HJ-30 1/14/2003 House Referred to Committee on Judiciary HJ-30
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE SUBJECTED TO ALCOHOL AND DRUG TESTS IF HE IS ARRESTED FOR CERTAIN MOTOR VEHICLE DRIVING VIOLATIONS, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT BEFORE A BREATH TEST IS ADMINISTERED, A TEN ONE-HUNDREDTHS OF ONE PERCENT SIMULATOR TEST MUST BE PERFORMED AND THE RESULT MUST REFLECT A CERTAIN READING, AND PROVIDE THAT BEFORE THE BREATH TEST IS ADMINISTERED, A SIMULATOR TEST MUST BE PERFORMED ACCORDING TO SLED'S PROCEDURES AND STANDARDS; AND TO AMEND SECTION 56-5-2953, AS AMENDED, RELATING TO THE VIDEOTAPING OF THE INCIDENT SITE AND BREATH SITE WHEN A PERSON IS SUSPECTED OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS, ALCOHOL, OR A COMBINATION OF BOTH, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT THE VIDEOTAPING OF AN INCIDENT SITE MUST CONCLUDE AFTER THE ARREST OF THE PERSON.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The first paragraph of Section 56-5-2950(a) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of them. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth or is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the alcohol concentration is ten one-hundredths of one percent or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by the department, pursuant to SLED policies. The arresting officer may administer the tests if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Before the breath test is administered, a ten one-hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.095 percent and 0.105 percent simulator test must be performed according to SLED's procedures and standards. Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. Blood and urine samples must be obtained and handled in accordance with procedures approved by SLED."
SECTION 2. Section 56-5-2953(A)(1)(a) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"(a) begin not later than the activation of the officer's blue lights and conclude after the arrest of the person for a violation of Section 56-5-2930, 56-5-2933, or a probable cause determination that the person violated Section 56-5-2945; and"
SECTION 3. This act takes effect upon approval by the Governor.
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