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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2997 SO AS TO PROVIDE THAT A PERSON WHO OWNS OR CONTROLS A MOTOR VEHICLE IS GUILTY OF A MISDEMEANOR IF HE ALLOWS ANOTHER PERSON IMPAIRED BY ALCOHOL OR DRUGS OR WHO REASONABLY IS KNOWN TO HIM TO BE A HABITUAL USER OF ALCOHOL OR DRUGS TO OPERATE THE MOTOR VEHICLE, TO PROVIDE A PENALTY, AND TO PROVIDE THAT A MOTOR VEHICLE COVERED BY THIS PROVISION MUST BE CONFISCATED BY THE LOCAL GOVERNMENT WHERE THE OFFENSE OCCURRED AND DESTROYED OR SOLD AT PUBLIC AUCTION WITH THE SALE PROCEEDS BEING PLACED IN THE LOCAL GOVERNMENT'S GENERAL FUND.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2997. (A) A person who owns or controls a motor vehicle and allows, gratuitously or for consideration, another person to operate it upon the public roads of this State if he knows or should have known that the person allowed to operate it was impaired through the use of alcohol or drugs or reasonably is known to him to be a habitual user of drugs or alcohol is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars and sentenced to at least six months in prison. A sentence imposed pursuant to this subsection must not be suspended.
(B) If serious bodily injury or death results from the operation of a motor vehicle pursuant to subsection (A), then the person owning or controlling the motor vehicle must be fined five thousand dollars and sentenced to at least two years but not more than five years in prison. A sentence imposed pursuant to this subsection must not be suspended.
(C) A motor vehicle operated pursuant to subsection (A) must be confiscated by the local government where the offense occurred within forty-five days of the offense and sold at a public auction or destroyed. If the motor vehicle is sold, the local government that confiscated the motor vehicle shall place the proceeds from the sale in its general fund."
SECTION 2. This act takes effect upon approval by the Governor.
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