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COMMITTEE REPORT
May 9, 2007
H. 3490
Introduced by Reps. G.M. Smith, E.H. Pitts, Delleney, Harrison, Hart, Lucas, Rutherford, Sandifer, Stavrinakis, Thompson, Weeks, Whitmire and McLeod
S. Printed 5/9/07--S.
Read the first time March 6, 2007.
To whom was referred a Bill (H. 3490) to amend Chapter 22, Title 17, Code of Laws of South Carolina, 1976, relating to the pretrial intervention program by designating the existing sections as Article 1 and by, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 2, by striking lines 19-20 and inserting:
/ (1) is less than twenty-one years of age at the time of arrest; /
Amend the bill, as and if amended, page 3, by striking lines 1-6 and inserting:
/ (9) transfer of alcoholic liquors for underage person's consumption pursuant to Section 61-6-4070;
(10) possession of an altered driver's license or other false documentation pursuant to Section 56-1-515; and
(11) another offense similar in nature and severity to the above-described offenses, as determined by the circuit solicitor. However, the provisions of this item may not be construed to include an offense enumerated in Section 56-1-286, Section 56-5-2930, or Section 56-5-2933 arising out of a moving violation.
Amend the bill further, as and if amended, by striking Section 17-22-560 in its entirety (page 3, lines 42-43, and on page 4, lines 1-26), and inserting:
/ Section 17-22-560. Each circuit solicitor shall submit to the Commission on Prosecution Coordination necessary identifying information on each enrollee for the creation and maintenance of a list of enrollees in alcohol education programs. This list is to be used by the commission for the sole purpose of complying with Section 17-22-520(A) and (B). The information maintained by the commission may be released only to a circuit solicitor for the purpose of determining eligibility for an alcohol education program." / Renumber sections to conform. Amend title to conform.
C. BRADLEY HUTTO for Committee.
TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 5 SO AS TO CREATE THE "ALCOHOL EDUCATION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT CERTAIN ALCOHOL-RELATED OFFENSES, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Sections 17-22-10 through 17-22-170 of the 1976 Code are designated as Article 1, Chapter 22, Title 17.
SECTION 2. Chapter 22, Title 17 of the 1976 Code is amended by adding:
Section 17-22-500. This article may be cited as the 'Alcohol Education Program Act'.
Section 17-22-510. (A) Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish an alcohol education program in the respective circuits for persons who commit certain alcohol-related offenses.
(B) The circuit solicitors are specifically endowed with and retain all discretionary powers pursuant to the common law.
(C) An alcohol education program must be under the direct supervision and control of the circuit solicitor; however, the solicitor may contract for education and supervision services.
(D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the alcohol education programs. The commission shall consult with the Department of Alcohol and Other Drug Abuse Services prior to the approval of these administrative procedures.
(E) An alcohol education program must include an educational and community service component.
Section 17-22-520. (A) A person may be considered for an alcohol education program if he:
(1) is at least seventeen years of age but less than twenty-one years of age at the time of arrest;
(2) has no prior alcohol-related offenses; and
(3) has no significant history of prior delinquency or criminal activity on his record.
(B) A person may not participate in an alcohol education program more than once.
(C) A person may be considered for an alcohol education program if he is charged with a violation of the following offenses:
(1) purchase or possession of beer or wine by a person under the age of twenty-one pursuant to Section 20-7-8920;
(2) purchase or possession of alcoholic liquors by a person under the age of twenty-one pursuant to Section 20-7-8925;
(3) open container in a motor vehicle pursuant to Section 61-4-110;
(4) public disorderly conduct pursuant to Section 16-17-530;
(5) littering pursuant to Section 16-11-700;
(6) providing false information concerning age to purchase beer or wine pursuant to Section 61-4-60;
(7) unlawful purchase of beer or wine for a person who cannot legally buy for consumption on the premises pursuant to Section 61-4-80;
(8) transfer of beer or wine for underage person's consumption pursuant to Section 61-4-90;
(9) possession of an altered driver's license or other false documentation pursuant to Section 56-1-515; and
(10) another offense similar in nature and severity to the above-described offenses, as determined by the circuit solicitor. However, the provisions of this item may not be construed to include an offense enumerated in Section 56-5-2930.
(D) A person's participation in an alcohol education program does not prevent his participation in a pretrial intervention program pursuant to the provisions and conditions of Article 1.
Section 17-22-530. (A) When a person successfully completes an alcohol education program, the circuit solicitor shall effect a noncriminal disposition, as defined in this chapter, of the alcohol-related offense, and there must be no record maintained of the alcohol-related offense except by the Commission on Prosecution Coordination in order to ensure that a person does not benefit from the provisions of this article more than once.
(B) If applicable, the person may apply to the court for an order to destroy all official records relating to his arrest.
(C) If a person violates the conditions of an alcohol education program, the person may be terminated from the program and the alcohol-related offense reinstated by the circuit solicitor in the appropriate municipality or county.
Section 17-22-540. Each circuit solicitor may establish an Office of Alcohol Education Program Coordinator whose responsibility is to assist in the establishment and maintenance of the alcohol education program.
Section 17-22-550. A person shall pay a two-hundred-fifty-dollar fee to enroll in an alcohol education program. All fees must be deposited into a special circuit solicitor's fund for operation of the alcohol education program. In cases when the solicitor contracts with education and supervision providers, the person also may be subject to additional fees payable to the provider of these services. However, participation in an alcohol education program may not be denied due to a person's inability to pay these fees. If a person is deemed unable to pay, the fees for enrollment, education, and supervision services may be waived or reduced at the discretion of each solicitor.
Section 17-22-560. (A) Each circuit solicitor shall submit to the Commission on Prosecution Coordination necessary identifying information on each enrollee for the creation and maintenance of a list of enrollees in alcohol education programs. This list is to be used by the commission for the sole purpose of complying with Section 17-22-520(A) and (B). The information maintained by the commission may be released only to a circuit solicitor for the purpose of determining eligibility for an alcohol education program.
(B) Each circuit solicitor shall submit an alcohol education program annual report, by the first day of August, to the Commission on Prosecution Coordination providing the total number of participants by alcohol related offenses, the total number of participants that successfully completed the alcohol education program, and the total amount of fees collected or waived. The Commission on Prosecution Coordination may establish additional guidelines for the annual reports. The annual reports must be made available for public inspection.
(C) Each circuit solicitor shall provide for an independent annual audit of all financial records and transactions of the circuit solicitor's office and may provide for more frequent audits as considered necessary. The audit must be made by a certified public accountant or public accountants or firm of certified public accountants. The report of the audit must be made available for public inspection. A copy of the report of the audit must be submitted to the Commission on Prosecution Coordination and the State Auditor no later than January first each year following the close of the books of the previous fiscal year."
SECTION 3. The Code Commissioner is authorized to change references in Article 1, Chapter 22, Title 17, as provided in SECTION 1, from "chapter" to "article" as appropriate.
SECTION 4. This act takes effect upon approval by the Governor. All circuit solicitors shall have an alcohol education program in effect by July 1, 2008, and no person has the right to apply to the program until the program is established.
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