South Carolina General Assembly
123rd Session, 2019-2020

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Bill 3072

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 13, 2019

H. 3072

Introduced by Reps. Murphy and Hosey

S. Printed 2/13/19--H.

Read the first time January 8, 2019.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3072) to amend Section 17-22-50, Code of Laws of South Carolina, 1976, relating to persons not eligible to participate in a pretrial intervention program, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

PETER M. MCCOY, JR. for Committee.

            

A BILL

TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT ELIGIBLE TO PARTICIPATE IN A PRETRIAL INTERVENTION PROGRAM, SO AS TO CLARIFY THAT PERSONS WHO PREVIOUSLY PARTICIPATED IN AN ALCOHOL EDUCATION PROGRAM ARE NOT PREVENTED FROM SUBSEQUENT PARTICIPATION IN A PRETRIAL INTERVENTION PROGRAM.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 17-22-50 of the 1976 Code is amended to read:

"Section 17-22-50.    (A)    A person must not be considered for intervention if:

(1)    he previously has been accepted into an intervention program, except as provided in subsection (C); or

(2)    the person is charged with:

(a)    blackmail;

(b)    driving under the influence or driving with an unlawful alcohol concentration;

(c)    a traffic-related offense which is punishable only by fine or loss of points;

(d)    a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1120;

(e)    a crime of violence as defined in Section 16-1-60; or

(f)    an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.

(B)    However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge.

(C)    A person's prior participation in an alcohol education program does not prevent his subsequent participation in a pretrial intervention program pursuant to this article."

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

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