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COMMITTEE AMENDMENT ADOPTED
March 29, 2007
S. 333
S. Printed 3/29/07--S. [SEC 3/30/07 1:23 PM]
Read the first time January 24, 2007.
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 may develop and operate an alcohol monitoring device program. The alcohol monitoring device program may include the use of continuous remote alcohol monitoring devices or on-demand alcohol monitoring devices.
(C) As a condition of bond for a second or subsequent violation of Sections 56-5-2930, 56-5-2933, or 56-5-2945, and in addition to any other requirements imposed by the court, a person may be required to wear or use an alcohol monitoring device. If the court finds that the person's blood alcohol concentration is eight one-hundredths of one percent or more while wearing or using the device, then the person shall be deemed to have violated the conditions of his bond. In addition to any other penalties imposed by the court on the person as a result of violating the conditions of his bond, 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.
(D) As a condition of probation for a second or subsequent violation of Sections 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 wear or use an alcohol monitoring device. If the court finds that the person's blood alcohol concentration is eight one-hundredths of one percent or more while wearing or using the device, then the person shall 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.
(E) The person on bond pursuant to subsection (B) or on probation pursuant to subsection (C) shall bear the cost of wearing or using the alcohol monitoring device and the cost of monitoring the alcohol monitoring device and shall periodically report to appropriate law enforcement or probation authorities for the purpose of verifying that the alcohol monitoring device is operating correctly. If the person is determined to be indigent by the court and cannot afford the cost of the alcohol monitoring device, the court may order an alcohol monitoring device to be used by the person 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; however, the implementation of this act is contingent upon the appropriation of necessary funds to carry out the provisions of this act.
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