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H. 3703
STATUS INFORMATION
General Bill
Sponsors: Reps. G.R. Smith, Bannister, Cobb-Hunter, D.C. Smith, J.R. Smith and Toole
Document Path: l:\council\bills\swb\5096cm07.doc
Introduced in the House on March 13, 2007
Currently residing in the House Committee on Judiciary
Summary: DUI
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/13/2007 House Introduced and read first time HJ-47 3/13/2007 House Referred to Committee on Judiciary HJ-47
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 56 SO AS TO PROVIDE FOR THE CONTINUOUS ALCOHOL MONITORING OF PERSONS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THE PROVISIONS THAT MAKE IT UNLAWFUL TO OPERATE A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR AN ILLEGAL SUBSTANCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 56 of the 1976 Code is amended by adding:
Section 56-6-10. For the purposes of this chapter:
(1) 'continuous alcohol monitoring' means the ability to automatically test and periodically transmit alcohol consumption levels and tamper attempts at least every hour, regardless of the location of the person who is being monitored; and
(2) 'continuous alcohol-monitoring device' means a portable device capable of automatically and periodically testing and recording alcohol consumption levels and automatically and periodically transmitting this information and tamper attempts regarding the device, regardless of the location of the person being monitored.
Section 56-6-20. (A) If a person has been convicted of a second or subsequent offense of a violation of the provisions of Sections 56-5-2930, 56-5-2933, or 56-5-2945, the court may also order the use of a continuous alcohol-monitoring device and abstention from alcohol use at all times. The device, without tampering or the intervention of another person, shall test and record the alcohol consumption level of the offender on a periodic basis and transmit this information to the appropriate authorities at the Department of Probation, Parole and Pardon Services.
(B) The court, in imposing the requirements of this section, shall specify the length of time that the continuous alcohol-monitoring device is required to be in effect, shall provide that the cost of the continuous alcohol-monitoring device must be borne by the offender, and shall require the offender to periodically report to appropriate authorities of the Department of Probation, Parole and Pardon Services for the purpose of verifying that the continuous alcohol-monitoring device is attached to the offender and is operational during the time required by the court.
(C) If the offender is determined to be indigent by the court and cannot afford the cost of the continuous alcohol-monitoring device, the court may order the device to be paid for by the jurisdiction making the arrest from fines paid pursuant to Sections 56-5-2930, 56-5-2933, or 56-5-2945.
Section 56-6-30. The Department of Probation, Parole and Pardon Services shall develop regulations with respect to continuous alcohol monitoring including, but not limited to, regulations governing the use, maintenance, and operation of the continuous alcohol-monitoring device."
SECTION 2. This act takes effect upon approval by the Governor.
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