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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, 2933, OR 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.
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 the purposes of this section 'continuous remote alcohol monitoring device' or '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.
(B) 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, an offender may be required to wear a continuous remote alcohol monitoring device. If the court finds that the offender's blood alcohol concentration is eight one-hundredths of one percent or more while wearing the device, then the offender shall be deemed to have violated the terms of his probation. In addition to any other penalties imposed by the court on the offender as a result of violating his probation, the court may suspend the offender'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.
(C) The offender shall bear the cost of wearing the device and required monitoring and shall periodically report to appropriate law enforcement or probation authorities for the purpose of verifying that the device is operating correctly. If the offender is determined to be indigent by the court and cannot afford the cost of the device, the court may order a device to be used by the offender and paid for by the jurisdiction making the arrest from fines pursuant to Sections 56-5-2930, 56-5-2933, and 56-5-2945."
SECTION 2. This act takes effect upon approval by the Governor.
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