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H. 3277
STATUS INFORMATION
General Bill
Sponsors: Reps. G.R. Smith, Bannister, Bedingfield, Cato, Hamilton, Harrell, Haskins, Leach, Loftis, E.H. Pitts, Shoopman, Taylor and Gullick
Document Path: l:\council\bills\swb\5061cm07.doc
Introduced in the House on January 17, 2007
Currently residing in the House Committee on Judiciary
Summary: DUI
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/17/2007 House Introduced and read first time HJ-10 1/17/2007 House Referred to Committee on Judiciary HJ-10 1/23/2007 House Member(s) request name added as sponsor: Gullick
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 56-5-2941, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COURT'S DISCRETIONARY ABILITY TO ORDER THE INSTALLATION OF IGNITION INTERLOCK DEVICES ON CERTAIN VEHICLES OPERATED BY A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO REQUIRE A COURT TO ORDER THE INSTALLATION OF THIS DEVICE ON A VEHICLE OPERATED BY A PERSON CONVICTED OF A SUBSEQUENT OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, TO PLACE CERTAIN DRIVING RESTRICTIONS ON A PERSON CONVICTED OF A SUBSEQUENT OFFENSE WHO OPERATES A VEHICLE OWNED BY HIS EMPLOYER, AND TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL PROMULGATE REGULATIONS GOVERNING THE USE, MAINTENANCE, AND OPERATION OF IGNITION INTERLOCK DEVICES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2941 of the 1976 Code is amended to read:
"Section 56-5-2941. (A) In addition to the penalties required and authorized to be imposed against a person violating the provisions of Section 56-5-2930, 56-5-2933, or 56-5-2945, the court may shall require such the person, whether or not he is a first or who is a subsequent offender and if whether or not he is a resident of this State, to have installed on the vehicle he was operating if it is registered and licensed in his name or in the name of a member of his immediate family an ignition interlock device designed to prevent the operation of the motor vehicle if the operator has consumed alcoholic beverages.
(B) The court in imposing the requirements of this section shall specify the length of time which the interlock device is required to be affixed to the vehicle, shall provide that the cost of the interlock device must be borne by the offender, and shall require the offender to periodically report to appropriate law enforcement or probation authorities for the purpose of verifying that the interlock device is affixed to the vehicle and operational during the time required by the court. The State Law Enforcement Division, in consultation with the Department of Public Safety, shall develop regulations including, but not limited to, regulations governing the use, maintenance, and operation of ignition interlock devices.
(C) If the offender is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order an interlock device to be affixed to the vehicle and paid for by the jurisdiction making the arrest from fines paid pursuant to Sections 56-5-2930, 56-5-2933, and 56-5-2945.
(D) If a person subject to the requirements of subsection (A) is required in the course and scope of employment to drive, operate, or be in actual physical control of the movement of a motor vehicle owned by the person's employer:
(1) except as set forth in subitem (2), the person may drive, operate, or be in actual physical control of the movement of that motor vehicle in the course and scope of employment without installation of an ignition interlock system if:
( i) the employer has been notified that the employee is restricted; and
(ii) the employee has proof of the notification in the employee's possession while driving, operating, or being in actual physical control of the movement of the employer's motor vehicle. Proof of the notification may be established only by the notarized signature of the employer acknowledging notification on a form which must be provided by the department for this purpose and must include a contact telephone number of the employer;
(2) subitem (1) does not apply:
( i) to the extent that an employer-owned motor vehicle is made available to the employee for personal use;
(ii) if the employer-owned motor vehicle is owned by an entity which is wholly or partially owned by the person subject to this section; or
(iii) if the employer-owned motor vehicle is a school bus, a school vehicle, or a vehicle designed to transport more than fifteen passengers, including the driver.
(E) The State Law Enforcement Division, in consultation with the Department of Public Safety, shall promulgate regulations including, but not limited to, regulations governing the use, maintenance, and operation of ignition interlock devices."
SECTION 2. This act takes effect upon approval by the Governor.
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