South Carolina General Assembly
117th Session, 2007-2008

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Indicates Matter Stricken
Indicates New Matter

S. 333

STATUS INFORMATION

General Bill
Sponsors: Senator Fair
Document Path: l:\s-res\mlf\001alcm.kmm.doc

Introduced in the Senate on January 24, 2007
Introduced in the House on March 13, 2008
Last Amended on March 5, 2008
Currently residing in the House Committee on Judiciary

Summary: Alcohol monitoring device

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/24/2007  Senate  Introduced and read first time SJ-12
   1/24/2007  Senate  Referred to Committee on Judiciary SJ-12
   1/26/2007  Senate  Referred to Subcommittee: Hutto (ch), Jackson, Knotts, 
                        Bryant
   3/28/2007  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-25
   3/29/2007  Senate  Amended SJ-36
   3/30/2007          Scrivener's error corrected
    4/2/2007          Scrivener's error corrected
   2/26/2008  Senate  Special order, set for February 26, 2008 SJ-16
    3/5/2008  Senate  Amended SJ-38
    3/5/2008  Senate  Read second time SJ-38
   3/12/2008  Senate  Read third time and sent to House SJ-26
   3/13/2008  House   Introduced and read first time HJ-19
   3/13/2008  House   Referred to Committee on Judiciary HJ-20

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/24/2007
3/28/2007
3/29/2007
3/30/2007
4/2/2007
3/5/2008

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED

March 05, 2008

S. 333

Introduced by Senator Fair

S. Printed 3/05/08--S.

Read the first time January 24, 2007.

            

A BILL

TO AMEND ARTICLE 23, CHAPTER 5, TITLE 56 OF THE 1976 CODE, RELATING TO RECKLESS HOMICIDE; RECKLESS DRIVING; DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, BY ADDING SECTION 56-5-2943, TO PROVIDE THAT AS A CONDITION OF PROBATION FOR A SECOND OR SUBSEQUENT VIOLATION OF SECTIONS 56-5-2930, 56-5-2933, OR 56-5-2945, A COURT MAY REQUIRE THAT AN OFFENDER WEAR A CONTINUOUS REMOTE ALCOHOL MONITORING DEVICE, TO PROVIDE THAT A FINDING BY THE COURT THAT THE OFFENDER'S BLOOD ALCOHOL CONCENTRATION MEETS OR EXCEEDS EIGHT ONE-HUNDREDTHS OF ONE PERCENT SHALL BE A VIOLATION OF THE OFFENDER'S PROBATION, TO PROVIDE THAT IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY THE COURT BECAUSE OF THE PROBATION VIOLATION, THE COURT MAY EXTEND THE PERIOD FOR WHICH THE OFFENDER'S LICENSE HAS BEEN SUSPENDED FOR UP TO AN ADDITIONAL TWELVE MONTHS, AND TO PROVIDE THAT THE OFFENDER MUST BEAR THE COST OF WEARING AND MONITORING THE DEVICE.

Amend Title To Conform

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 56-5-2943.    (A)    For purposes of this section:

(1)    'continuous remote alcohol monitoring device' means a portable device capable of automatically and periodically testing and recording alcohol consumption levels and automatically and periodically transmitting the recorded data to the appropriate law enforcement or probation authority; and

(2)    'on-demand alcohol monitoring device' means a device capable of testing and recording alcohol consumption levels on-demand and automatically or periodically transmitting the recorded data to the appropriate law enforcement or probation authority.

(B)    The Department of Probation, Parole and Pardon Services must develop and operate an alcohol monitoring device program. The alcohol monitoring device program may utilize continuous remote alcohol monitoring devices or on-demand alcohol monitoring devices, or both.

(C)    As a condition of probation for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, and in addition to any other penalties imposed by the court, a person may be required to abstain from alcohol consumption for not less than thirty days and not more than sixty days verified by an alcohol monitoring device. If the court finds that the person has failed to abstain from alcohol consumption for the specified time period, then the person may be deemed to have violated the terms of his probation. In addition to any other penalties imposed by the court on the person as a result of violating his probation, the court may suspend the person's driver's license for up to an additional twelve months. The court must notify the Department of Motor Vehicles of any additional license suspension pursuant to Section 56-5-2970. A person on probation required to wear or use an alcohol monitoring device pursuant to this section shall periodically report to probation authorities for the purpose of verifying that the alcohol monitoring device is operating correctly.

(D)    The department may collect reasonable fees from a person required to wear or use an alcohol monitoring device. The fees collected must be used to offset the costs associated with the alcohol monitoring device program. If a person required to wear or use an alcohol monitoring device is determined to be indigent by the court and cannot afford to pay the fees, the court may order the fees be waived."

SECTION 2.    This act takes effect upon approval by the Governor.

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