Driving under the influence

2025-2026 Bill 52: Driving under the influence - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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This Bill
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Indicates Matter Stricken
Indicates New Matter
S. 52
STATUS INFORMATION
General Bill
Sponsors: Senators Davis, Cash, Gambrell, Grooms, Jackson, Devine, Climer, Johnson, Adams, Turner, Kimbrell, Sutton, Blackmon, Williams, Alexander, Verdin, Garrett, Zell and Walker
Companion/Similar bill(s): 4005
Document Path: LC-0102CM25.docx
Introduced in the Senate on January 14, 2025
Introduced in the House on February 10, 2026
Last Amended on May 6, 2026

Currently residing in conference committee
Summary: Driving under the influence
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/11/2024

Senate

Prefiled

12/11/2024

Senate

Referred to Committee on
Judiciary

1/14/2025

Senate

Introduced and read first time (
Senate Journal-page 48
)

1/14/2025

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 48
)

1/14/2026

Senate

Committee report: Favorable with amendment
Judiciary
(
Senate Journal-page 15
)

1/15/2026

Senate

Special order, set for January 15, 2026 (
Senate Journal-page 16
)

1/15/2026

Senate

Roll call Ayes-40 Nays-1 (
Senate Journal-page 16
)

1/21/2026

Senate

Committee Amendment Adopted (
Senate Journal-page 30
)

1/21/2026

Senate

Debate interrupted (
Senate Journal-page 30
)

1/28/2026

Senate

Amended (
Senate Journal-page 21
)

1/28/2026

Senate

Debate interrupted (
Senate Journal-page 21
)

1/29/2026

Senate

Amended

1/29/2026

Senate

Debate interrupted

2/2/2026

Scrivener's error corrected

2/3/2026

Senate

Amended (
Senate Journal-page 17
)

2/3/2026

Senate

Debate interrupted (
Senate Journal-page 17
)

2/4/2026

Senate

Amended (
Senate Journal-page 14
)

2/4/2026

Senate

Read second time (
Senate Journal-page 14
)

2/4/2026

Senate

Roll call Ayes-45 Nays-0 (
Senate Journal-page 14
)

2/5/2026

Senate

Amended (
Senate Journal-page 16
)

2/5/2026

Senate

Read third time and sent to House (
Senate Journal-page 16
)

2/10/2026

House

Introduced and read first time (
House Journal-page 10
)

2/10/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 10
)

4/29/2026

House

Committee report: Favorable with amendment
Judiciary
(
House Journal-page 177
)

4/30/2026

House

Amended (
House Journal-page 88
)

4/30/2026

House

Read second time (
House Journal-page 88
)

4/30/2026

House

Roll call Yeas-108 Nays-0 (
House Journal-page 115
)

4/30/2026

House

Unanimous consent for third reading on next
legislative day (
House Journal-page 117
)

5/1/2026

Scrivener's error corrected

5/4/2026

Scrivener's error corrected

5/1/2026

House

Read third time and returned to Senate with amendments (
House Journal-page 2
)

5/6/2026

Senate

House amendment amended (
Senate Journal-page 20
)

5/6/2026

Senate

Read third time and returned to House with amendments (
Senate Journal-page 20
)

5/8/2026

Scrivener's error corrected

5/12/2026

House

Debate adjourned (
House Journal-page 105
)

5/13/2026

House

Non-concurrence in Senate amendment (
House Journal-page 76
)

5/13/2026

House

Roll call Yeas-0 Nays-115 (
House Journal-page 78
)

5/13/2026

Senate

Senate insists upon amendment and conference
committee appointed Hembree, Adams, Tedder (
Senate Journal-page 17
)

5/13/2026

House

Conference committee appointed JE Johnson,
Robbins, Rose (
House Journal-page 206
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/11/2024
01/14/2026
01/21/2026
01/28/2026
01/29/2026
01/29/2026-A
02/02/2026
02/03/2026
02/03/2026-A
02/04/2026
02/05/2026
04/29/2026
04/30/2026
05/01/2026
05/04/2026
05/06/2026
05/08/2026

Indicates Matter Stricken

Indicates New Matter

House Amendments Amended Returned To House

May 6, 2026

S. 52

Introduced by Senators Davis, Cash, Gambrell,
Grooms, Jackson, Devine, Climer, Johnson, Adams, Turner, Kimbrell, Sutton,
Blackmon, Williams, Alexander, Verdin, Garrett, Zell and Walker

S. Printed 5/6/26--S. [SEC
5/8/2026 1:20 PM]

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
56-5-2930
, RELATING TO OPERATING MOTOR VEHICLES WHILE UNDER the
INFLUENCE OF ALCOHOL OR DRUGS, SO as TO AMEND THE PENALTy PROVISIONS TO PERMIT
SENTENCES OF BOTH FINES AND INCARCERATION AND TO REQUIRE CONVICTED PERSONS TO
ATTEND DUI VICTIM IMPACT PANELS; BY AMENDING SECTION
56-5-2933
, RELATING TO
DRIVING WITH UNLAWFUL ALCOHOL CONCENTRATIONS, SO AS TO PERMIT SENTENCES OF BOTH
FINES AND INCARCERATION AND TO REQUIRE CONVICTED PERSONS TO ATTEND DUI VICTIM
IMPACT PANELS; BY AMENDING SECTION
56-5-2941
, RELATING TO IGNITION INTERLOCK
DEVICES, SO AS TO DELETE THE PROVISION THAT provides NOTHING IN THE SECTION
REQUIRES INSTALLATION OF IGNITION INTERLOCK DEVICES PRIOR TO CONTESTED CASE
HEARINGS; BY AMENDING SECTION
56-5-2945
, RELATING TO THE OFFENSE OF FELONY
DRIVING UNDER THE INFLUENCE, SO AS TO CREATE THE OFFENSE OF FELONY DRIVING
UNDER THE INFLUENCE SECOND DEGREE, ESTABLISH PENALTIES, AND DEFINE THE TERM
"MODERATE BODILY INJURY"; BY AMENDING SECTION
56-5-2947
, RELATING TO CHILD
ENDANGERMENT, SO AS TO INCLUDE THE OFFENSES OF RECKLESS VEHICULAR HOMICIDE AND
RECKLESS DRIVING AS VIOLATIONS SUBJECT TO A CHARGE OF CHILD ENDANGERMENT; BY
AMENDING SECTION
56-5-2950
, RELATING TO IMPLIED CONSENT TO TESTING FOR ALCOHOL
OR DRUGS, SO AS TO revise the circumstances, procedures to be followed, and
test sites that can be used when persons are subjected to tests for alcohol or drugs,
TO PROVIDE THAT LABORATORY TECHNICIANS, PHLEBOTOMISTS, AND EMERGENCY MEDICAL
TECHNICIANS MAY OBTAIN BLOOD OR URINE SAMPLES, to revise the period of
suspensions of driving PRIVILEGES that must be imposed for failure if persons
refuse to be tested and if persons have certain alcohol concentrations, to
revise the provision that establishes alcohol concentrations, and to delete the
provision relating to persons incapable of refusing to consent to tests; BY
AMENDING SECTION
56-5-2951
, RELATING TO SUSPENSION OF LICENSES FOR REFUSAL TO
SUBMIT TO TESTING OR FOR CERTAIN LEVELs OF ALCOHOL CONCENTRATIONS, SO AS TO
PROVIDE THAT PERSONS ISSUED LICENSE SUSPENSIONS MAY INSTALL IGNITION INTERLOCK
DEVICES WITHIN THIRTY DAYS AND OBTAIN TEMPORARY DRIVERS' LICENSES WITH IGNITION
INTERLOCK RESTRICTIONS, AND TO PROVIDE THAT PERSONS WHO REFUSE TO SUBMIT TO
CHEMICAL TESTS MUST HAVE THEIR DRIVERS' LICENSES SUSPENDED FOR ONE YEAR FOR A
FIRST OFFENSE, AND TO PROVIDE INCREASED SUSPENSIONS FOR SUBSEQUENT OFFENSES, OR
IF PERSONS TAKE THE TESTS AND REGISTER ALCOHOL CONCENTRATIONS OF OVER FIFTEEN
ONE-HUNDREDTH OF ONE PERCENT OR MORE, THAT THEIR LICENSES ARE SUSPENDED FOR TWO
MONTHS; BY AMENDING SECTION
56-5-2953
, RELATING TO INCIDENT SITES AND BREATH
TEST SITES for VIDEO RECORDING, SO AS TO PROVIDE THAT NOTHING IN THIS SECTION
MAY BE CONSTRUED TO COMPEL OR AUTHORIZE A DISMISSAL OF A DUI OFFENSE IF THE
OFFICERS SUBSTANTIALLY COMPLY WITH THE STATUTE AND THAT MOTIONS FOR SUPPRESSION
OF EVIDENCE UNDER THE STATUTE MUST BE MADE PRIOR TO JEOPARDY ATTACHING; BY
AMENDING SECTION
56-5-2920
, RELATING TO RECKLESS DRIVING, SO AS TO CREATE THE
OFFENSES OF FELONY RECKLESS DRIVING WITH GREAT BODILY INJURY AND RECKLESS
DRIVING RESULTING IN MODERATE BODILY INJURY AND TO ESTABLISH PENALTIES; BY
ADDING SECTION
56-5-2960
SO AS TO PROVIDE THAT PERSONS CONVICTED OF FELONY
DRIVING UNDER THE INFLUENCE CAUSING THE DEATH OR DISABILITY OF PARENTS OR
GUARDIANS MAY BE ORDERED TO PAY CHILD SUPPORT AS RESTITUTION FOR THE DURATION
OF ANY PROBATION ORDERED, PERFORM COMMUNITY SERVICE, OR BOTH; BY AMENDING
SECTION
56-1-286
, RELATING TO THE SUSPENSION OF LICENSES OR PERMITS OR THE
DENIAL OF ISSUANCE OF LICENSES OR PERMITs TO PERSONS UNDER THE AGE OF
TWENTY-ONE WHO DRIVE MOTOR VEHICLES WITH CERTAIN ALCOHOL CONCENTRATIONS, SO AS
TO PROVIDE THAT PERSONS ISSUED NOTICES OF SUSPENSIONS MAY OBTAIN TEMPORARY
LICENSES WITH IGNITION INTERLOCK RESTRICTIONS; and BY AMENDING SECTION
56-1-400
, RELATING TO THE SURRENDER OF LICENSES, SO AS TO REMOVE THE PROVISION
THAT NOTHING IN THIS SECTION REQUIRES PERSONS OBTAIN IGNITION INTERLOCKS UNLESS
THE OFFENSES ARE ALCOHOL RELATED.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
56-5-2930
(A), (C), and (H) of the S.C. Code is
amended to read:

(
A) It is unlawful for a person to
drive a motor vehicle within this State while under the influence of alcohol to
the extent that the person's faculties to drive a motor vehicle are materially
and appreciably impaired, under the influence of any other drug
,

or
a combination of
other
drugs or
any other
substances
, to include but not limited to tetrahydrocannabinol or
tetrahydrocannabinol analogue
which cause impairment to the extent that
the person's faculties to drive a motor vehicle are materially and appreciably
impaired, or under the combined influence of alcohol and any other drug or
drugs or substances
, to include but not limited to
tetrahydrocannabinol or tetrahydrocannabinol analogue
which cause
impairment to the extent that the person's faculties to drive a motor vehicle
are materially and appreciably impaired. A person who violates the provisions
of this section is guilty of the offense of driving under the influence and,
upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture
of bail must be punished as follows:

(
1)
for a first offense,
by a fine of four hundred dollars or
imprisonment for not less than forty-eight hours nor more than thirty days
then the person must be punished by a fine of five hundred
dollars or imprisonment for not less than seventy-two hours nor more than
thirty days, or both
.
The fine may not be
suspended,
However
however
,
in lieu of the
forty-eight
seventy-two

hour minimum imprisonment, the court may provide for
forty-eight
seventy-two
hours
of public service employment. The minimum
forty-eight
seventy-two
hour imprisonment or public service
employment must be served at a time when the person is not working and does not
interfere with his regular employment under terms and conditions the court
considers proper. However, the court may not compel an offender to perform
public service employment in lieu of the minimum
forty-eight
seventy-two
hour sentence.
If the
person's alcohol concentration is at least ten one-hundredths of one percent
but less than sixteen one-hundredths of one percent, then the person must be
punished by a fine of five hundred dollars or imprisonment for not less than
seventy-two hours nor more than thirty days. However, in lieu of the
seventy-two-hour minimum imprisonment, the court may provide for seventy-two
hours of public service employment. The minimum seventy-two-hour imprisonment
or public service employment must be served at a time when the person is not
working and does not interfere with his regular employment under terms and
conditions as the court considers proper. However, the court may not compel an
offender to perform public service employment in lieu of the minimum sentence.
If the person's alcohol concentration is sixteen one-hundredths of one percent
or more, then the person must be punished by a fine of one thousand dollars or
imprisonment for not less than thirty days nor more than ninety days. However,
in lieu of the thirty-day minimum imprisonment, the court may provide for
thirty days of public service employment. The minimum thirty days imprisonment
or public service employment must be served at a time when the person is not
working and does not interfere with his regular employment under terms and
conditions as the court considers proper. However, the court may not compel an
offender to perform public service employment instead of the thirty-day minimum
sentence.
Notwithstanding the provisions of Sections
22-3-540
,
22-3-545
,
and
22-3-550
, a first offense charged for this item may be tried in magistrates
court;

(
2)
for a second offense,
by a fine of not less than two
thousand one hundred dollars nor more than five thousand one hundred dollars,
and imprisonment for not less than five days nor more than one year
then the person must be punished by a fine of not less than two
thousand five hundred dollars nor more than five thousand five hundred dollars
and imprisonment for not less than thirty days nor more than two years
.
However, the fine imposed by this item must not be suspended in an amount less
than one thousand one hundred dollars
; or
.

If the person's alcohol
concentration is at least ten one-hundredths of one percent but less than
sixteen one-hundredths of one percent, then the person must be punished by a
fine of not less than two thousand five hundred dollars nor more than five thousand
five hundred dollars and imprisonment for not less than thirty days nor more
than two years. However, the fine imposed by this item must not be suspended in
an amount less than one thousand one hundred dollars If the person's alcohol
concentration is sixteen one-hundredths of one percent or more, then the person
must be punished by a fine of not less than three thousand five hundred dollars
nor more than six thousand five hundred dollars and imprisonment for not less
than ninety days nor more than three years. However, the fine imposed by this
item must not be suspended in an amount less than one thousand one hundred
dollars.;

(
3) for a third offense, by a fine of
not less than three thousand eight hundred dollars nor more than six thousand
three hundred dollars, and imprisonment for not less than sixty days nor more
than three years. If the person's alcohol concentration is at least ten
one-hundredths of one percent but less than sixteen one-hundredths of one
percent, then the person must be punished by a fine of not less than five
thousand dollars nor more than seven thousand five hundred dollars and
imprisonment for not less than ninety days nor more than four years. If the
person's alcohol concentration is sixteen one-hundredths of one percent or
more, then the person must be punished by a fine of not less than seven
thousand five hundred dollars nor more than ten thousand dollars and
imprisonment for not less than six months nor more than five years; or

(4)
(
3)
for a
fourth
third
or subsequent offense, by imprisonment for not less
than one year nor more than five years.
If the person's
alcohol concentration is at least ten one-hundredths of one percent but less
than sixteen one-hundredths of one percent, then the person must be punished by
imprisonment for not less than two years nor more than six years. If the
person's alcohol concentration is sixteen one-hundredths of one percent or
more, then the person must be punished by imprisonment for not less than three
years nor more than seven years.

(
C)
The fine for a first offense must not be suspended. The court is
prohibited from suspending a monetary fine below that of the next preceding
minimum monetary fine.

A person who, while under
the influence of alcohol, drugs, the combination of alcohol and drugs or any
other substances, to include but not limited to tetrahydrocannabinol or
tetrahydrocannabinol analogue, drives a motor vehicle and when driving a motor
vehicle does any act forbidden by law or neglected any duty imposed by law in
the driving of the motor vehicle, which act or neglect proximately cause a
collision that occurred while the person was driving in violation of this
section, and resulted in bodily injury is guilty of the offense of driving
under the influence, third degree, and, upon conviction, by a fine of not less
than two thousand one hundred dollars nor more than five thousand one hundred
dollars, and imprisonment for not more than one year. A person who suffers a
personal or financial injury because of a violation of the provisions of the
section is considered the victim of the person convicted of the violation and
must be afforded all rights enumerated in the Victim's Bill of Rights in the
South Carolina Constitution, Article I, Section 24 including, but not limited
to, reasonable access to all documents relating to the investigation.

(
H)
A person convicted of violating this section, whether for a first offense or
subsequent offense, must enroll in and successfully complete an Alcohol and
Drug Safety Action Program certified by the
Department of
Alcohol and Other Drug Abuse Services
Office of
Substance Use Services
.
The judge must order
participation in a DUI victim impact panel including, but not limited to, one
operated by an IRS-classified 501(c)(3) nonprofit organization approved by the
Office of Substance Use Services, which may include online victim impact panels
if approved by the office. The maximum fee for enrollment in the DUI victim
impact panel shall not exceed seventy-five dollars subject to annual percentage
increases not to exceed increases in the Consumer Price Index as reported by
the Department of Labor Statistics, Consumer Price Index for South Carolina
after year 2026.
An assessment of the extent and nature of the alcohol
and drug abuse problem of the applicant must be prepared and a plan of
education or treatment, or both, must be developed for the applicant. The
Alcohol and Drug Safety Action Program shall determine if the applicant
successfully has completed the services. The applicant must attend the first
Alcohol and Drug Safety Action Program available after the date of enrollment.
The
Department of Alcohol and Other Drug Abuse Services
Office of Substance Use Services
shall determine the cost
of services provided by each certified Alcohol and Drug Safety Action Program.
Each applicant shall bear the cost of services recommended in the applicant's
plan of education or treatment. The cost may not exceed

five hundred
one thousand
dollars for
education services,
two
four

thousand dollars for treatment services, and
two thousand
five hundred
five thousand
dollars in total
for all services
for each certified Alcohol and Drug
Safety Action Program
.
The cost for the Alcohol and
Drug Safety Action Program is subject to annual percentage increases not to
exceed increases in the Consumer Price Index as reported by the Department of
Labor Statistics, Consumer Price Index for South Carolina after year 2026.
An
applicant may not be denied services due to an inability to pay. Inability to
pay for services may not be used as a factor in determining if the applicant
has successfully completed services. An applicant who is unable to pay for
services shall perform fifty hours of community service as arranged by the
Alcohol and Drug Safety Action Program, which may use the completion of this
community service as a factor in determining if the applicant successfully has
completed services. The court must be notified whether an offender failed to
enroll in a certified program within thirty days or failed to participate in
the plan of education or treatment. The court may hold the individual in
contempt of court if the individual cannot show cause as to why no enrollment
occurred within the mandated thirty days or why no progress has been made on
the plan of education or treatment.

S
ECTION 2.
S
ection
56-5-2930
of the S.C. Code is amended by
adding:

(
M)
(
1) If a person is charged with
violation of Section
56-5-2930
or Section
56-5-2933
, the prosecuting authority
shall review the person's criminal history and driving record to determine how
many prior convictions as defined in subsection (D) are within the penalty
enhancement period.

(
2)
The prosecuting authority may thereafter proceed with a plea agreement that
involves a reduction in charge only to the degree of an immediate lesser
offense unless there are compelling reasons that justify a greater reduction.
Any compelling reason for a greater reduction must be presented in court, and
the court may not accept such a plea unless a judicial determination is made on
the record that compelling reasons exist.

S
ECTION 3.
S
ection
56-5-2933
(A), (C), and (H) of the S.C. Code is
amended to read:

(
A) It is unlawful for a person to
drive a motor vehicle within this State while his alcohol concentration is
eight one-hundredths of one percent or more. A person who violates the
provisions of this section is guilty of the offense of driving with an unlawful
alcohol concentration and, upon conviction, entry of a plea of guilty or of
nolo contendere, or forfeiture of bail must be punished as follows:

(
1)
for a first offense,
if the person's alcohol concentration
is at least eight one-hundredths of one percent but less than ten
one-hundredths of one percent, then the person must be punished
by a
fine of four hundred dollars or imprisonment for not less than forty-eight
hours nor more than thirty days
, or both
.
However
The fine may not be
suspended, however
, in lieu of the forty-eight hour minimum
imprisonment, the court may provide for forty-eight hours of public service
employment. The minimum forty-eight hour imprisonment or public service
employment must be served at a time when the person is not working and does not
interfere with his regular employment under terms and conditions the court
considers proper. However, the court may not compel an offender to perform
public service employment in lieu of the minimum forty-eight hour sentence. If
the person's alcohol concentration is at least ten one-hundredths of one
percent but less than sixteen one-hundredths of one percent, then the person
must be punished by a fine of five hundred dollars or imprisonment for not less
than seventy-two hours nor more than thirty days
, or both
.

However
The fine may not be
suspended, however
, in lieu of the seventy-two hour minimum
imprisonment, the court may provide for seventy-two hours of public service
employment. The minimum seventy-two hour imprisonment or public service
employment must be served at a time when the person is not working and does not
interfere with his regular employment under terms and conditions as the court
considers proper. However, the court may not compel an offender to perform
public service employment in lieu of the minimum sentence. If the person's
alcohol concentration is sixteen one-hundredths of one percent or more, then
the person must be punished by a fine of one thousand dollars or imprisonment
for not less than thirty days nor more than ninety days
,
or both
.
However
The
fine may not be suspended, however
, in lieu of the thirty-day minimum
imprisonment, the court may provide for thirty days of public service employment.
The minimum thirty days imprisonment or public service employment must be
served at a time when the person is not working and does not interfere with his
regular employment under terms and conditions as the court considers proper.
However, the court may not compel an offender to perform public service
employment instead of the thirty-day minimum sentence. Notwithstanding the
provisions of Sections
22-3-540
,
22-3-545
, and
22-3-550
, a first offense
charged for this item may be tried in magistrates court;

(
2)
for a second offense,
if the person's alcohol
concentration is at least eight one-hundredths of one percent but less than ten
one-hundredths of one percent, then the person must be punished
by a
fine of not less than two thousand one hundred dollars nor more than five
thousand one hundred dollars, and imprisonment for not less than five days nor
more than one year.
However, the fine imposed by this item
must not be suspended in an amount less than one thousand one hundred dollars.
If
the person's alcohol concentration is at least ten one-hundredths of one
percent but less than sixteen one-hundredths of one percent, then the person
must be punished by a fine of not less than two thousand five hundred dollars
nor more than five thousand five hundred dollars and imprisonment for not less
than thirty days nor more than two years.
However, the
fine imposed by this item must not be suspended in an amount less than one
thousand one hundred dollars.
If the person's alcohol concentration is
sixteen one-hundredths of one percent or more, then the person must be punished
by a fine of not less than three thousand five hundred dollars nor more than
six thousand five hundred dollars and imprisonment for not less than ninety
days nor more than three years.
However, the fine imposed
by this item must not be suspended in an amount less than one thousand one
hundred dollars
;
or

(
3) for a third offense, by a fine of
not less than three thousand eight hundred dollars nor more than six thousand
three hundred dollars, and imprisonment for not less than sixty days nor more
than three years. If the person's alcohol concentration is at least ten
one-hundredths of one percent but less than sixteen one-hundredths of one
percent, then the person must be punished by a fine of not less than five
thousand dollars nor more than seven thousand five hundred dollars and
imprisonment for not less than ninety days nor more than four years. If the
person's alcohol concentration is sixteen one-hundredths of one percent or
more, then the person must be punished by a fine of not less than seven
thousand five hundred dollars nor more than ten thousand dollars and
imprisonment for not less than six months nor more than five years.or

(4)
(
3)
for a
fourth
third
or subsequent offense,
if the
person's alcohol concentration is at least eight one-hundredths of one percent
but less than ten one-hundredths of a percent, then the person must be punished

by imprisonment for not less than one year nor more than five years. If the
person's alcohol concentration is at least ten one-hundredths of one percent
but less than sixteen one-hundredths of one percent, then the person must be
punished by imprisonment for not less than two years nor more than six years.
If the person's alcohol concentration is sixteen one-hundredths of one percent
or more, then the person must be punished by imprisonment for not less than
three years nor more than seven years.

(
C)
The fine for a first offense must not be suspended. The court is
prohibited from suspending a monetary fine below that of the next preceding
minimum monetary fine.

A person who, while driving
a vehicle while his alcohol concentration is eight one-hundreths of one percent
or more and while driving a vehicle

did any act
forbidden by law or neglected any duty imposed by law in the driving of the
motor vehicle, which act or neglect proximately cause a collision that resulted
in bodily injury and occurred while the person was driving in violation of this
section, is guilty of the offense of driving with an unlawful alcohol
concentration, third degree, and, upon conviction, entry of a plea of guilty or
of nolo contendere, or forfeiture of bail must be punished by a fine not less
than two thousand one hundred dollars nor more than five thousand one hundred
dollars and imprisonment not more than one year. A person who suffers a
personal or financial injury because of a violation of the provisions of the
section is considered the victim of the person convicted of the violation and
must be afforded all rights enumerated in the Victim's Bill of Rights in the
South Carolina Constitution, Article I, Section 24, including, but not limited
to, reasonable access to all documents relating to the investigation.

(
H)
A person convicted of violating this section, whether for a first offense or
subsequent offense, must enroll in and successfully complete an Alcohol and
Drug Safety Action Program certified by the
Department of
Alcohol and Other Drug Abuse Services
Office of
Substance Use Services, and the judge must order participation in a DUI victim
impact panel including, but not limited to, one operated by an IRS-classified
501(c)(3) nonprofit organization approved by the Office of Substance Use
Services, which may include online victim impact panels if approved by the
office
. An assessment of the extent and nature of the alcohol and drug
abuse problem of the applicant must be prepared and a plan of education or
treatment, or both, must be developed for the applicant. The Alcohol and Drug
Safety Action Program shall determine if the applicant successfully has
completed the services. The applicant must attend the first Alcohol and Drug
Safety Action Program available after the date of enrollment. The
Department of Alcohol and Other Drug Abuse Services
Office of Substance Use Services
shall determine the cost
of services provided by each certified Alcohol and Drug Safety Action Program.
Each applicant shall bear the cost of services recommended in the applicant's
plan of education or treatment. The cost may not exceed

five hundred
one thousand
dollars for
education services,
two
four
thousand
dollars for treatment services, and
two thousand five
hundred
five thousand
dollars in total for
all services
for each certified Alcohol and Drug Safety
Action Program. The cost for the Alcohol and Drug Safety Action Program is
subject to annual percentage increases not to exceed increases in the Consumer
Price Index as reported by the Department of Labor Statistics, Consumer Price
Index for South Carolina after 2026. The maximum fee for enrollment in the DUI
victim impact panel shall not exceed seventy-five dollars subject to annual
percentage increases not to exceed increases in the Consumer Price Index as
reported by the Department of Labor Statistics, Consumer Price Index for South
Carolina after year 2026
. An applicant may not be denied services due to
an inability to pay. Inability to pay for services may not be used as a factor
in determining if the applicant successfully has completed services. An
applicant who is unable to pay for services shall perform fifty hours of
community service as arranged by the Alcohol and Drug Safety Action Program,
which may use the completion of this community service as a factor in
determining if the applicant successfully has completed services. The court must
be notified whether an offender failed to enroll in a certified program within
thirty days or failed to participate in the plan of education or treatment. The
court may hold the individual in contempt of court if the individual cannot
show cause as to why no enrollment occurred within the mandated thirty days or
why no progress has been made on the plan of education or treatment.

S
ECTION 4.
S
ection
56-5-2933
of the S.C. Code is amended by
adding:

(
M)
(
1) If a person is charged with
violation of Section
56-5-2930
or Section
56-5-2933
, the prosecuting authority
shall review the person's criminal history and driving record to determine how
many prior convictions as defined in subsection (D) are within the penalty
enhancement period.

(
2)
The prosecuting authority may thereafter proceed with a plea agreement that
involves a reduction in charge only to the degree of an immediate lesser
offense unless there are compelling reasons that justify a greater reduction.
Any compelling reason for a greater reduction must be presented in court, and
the court may not accept such a plea unless a judicial determination is made on
the record that compelling reasons exist.

S
ECTION 5.
C
hapter 5, Title 56 of the S.C. Code is amended by
adding:

S
ection
56-5-2940
.
(
A) A circuit solicitor
must become the prosecuting authority for a first or second offense violation
of Section
56-5-2930
or a first or second offense violation of Section
56-5-2933
immediately upon receiving notice from the county clerk of court. The
circuit solicitor may assume the prosecution of a first offense violation of
Section
56-5-2930
or a first offense violation of Section
56-5-2933
pending in
municipal court.

(
B)
There is established and designated in each of the counties of this State a
magistrates centralized court to have jurisdiction over all magistrate level
offenses occurring:

(
1)
within the unincorporated areas of the county involving a first offense
violation of Section
56-5-2930
or a first offense violation of Section
56-5-2933
;

(
2)
within all areas of the county involving a second offense violation of Section
56-5-2930
or a second offense violation of Section
56-5-2933
;

(
3)
within all areas of the county any other magistrate level offenses as
determined by the circuit solicitor; or

(
4)
within the incorporated areas of the county, provided the solicitor has
notified the municipal court and the municipal attorney, where applicable, that
the solicitor will assume prosecution of a first offense violation of Section
56-5-2930
or a first offense violation of Section
56-5-2933
.

(
C)
The county clerk shall forward the arrest warrant or charging documents for a
first or second offense violation of Section
56-5-2930
, a first or second
offense violation of Section
56-5-2933
, or any other magistrate level offenses
as determined by the circuit solicitor in subsection (B)(3) occurring within
the county's jurisdiction to the solicitor of the judicial circuit.

(
D) Pursuant
to Article V, Section 4 of the Constitution of South Carolina, the Chief
Justice of the South Carolina Supreme Court may appoint a master-in-equity to
sit in the magistrates centralized court for the purpose of presiding over
cases involving violations of Section
56-5-2930
or violations of Section
56-5-2933
.

S
ECTION 6.
S
ection
56-5-2941
(A) of the S.C. Code is amended to
read:

(
A)
(
1) The Department of Motor Vehicles
shall require a person who is convicted of violating the provisions of Sections
56-5-2930
,
56-5-2933
,
56-5-2945
,
56-5-2947
except if the conviction was for
Section
56-5-750
, or a law of another state that prohibits a person from
driving a motor vehicle while under the influence of alcohol
,

or
other drugs
or substances
, or who is issued a temporary alcohol
license pursuant to Section
56-1-286
or
56-5-2951
, to have installed on any
motor vehicle the person drives, except a moped or motorcycle, an ignition
interlock device designed to prevent driving of the motor vehicle if the person
has consumed alcoholic beverages. This requirement shall not apply to a person
who submitted to a breath test pursuant to Section
56-5-2950
and had an alcohol
concentration of .00 one-hundredths of one percent.

(
2)
The department may waive the requirements of this section if the department
determines that the person has a medical condition that makes the person
incapable of properly operating the installed device. If the department grants
a medical waiver, the department shall suspend the person's driver's license
for the length of time that the person would have been required to hold an
ignition interlock restricted license. The department may withdraw the waiver
at any time that the department becomes aware that the person's medical
condition has improved to the extent that the person has become capable of
properly operating an installed device.

(
3)
The department also shall require a person who has enrolled in the Ignition
Interlock Device Program in lieu of the remainder of a driver's license
suspension, denial of license to operate a vehicle as an habitual offender
pursuant to Section
56-1-1090
, or denial of the issuance of a driver's license
or permit to have an ignition interlock device installed on any motor vehicle
the person drives, except a moped or motorcycle.

(
4)
The length of time that a device is required to be affixed to a motor vehicle
is set forth in Section
56-1-286
;
56-1-1090
;
56-5-2945
;
56-5-2951
;
56-5-2990
;
or
56-5-2947
, except if the conviction was for Section
56-5-750
.

(
5) Nothing in this section shall be
construed to require installation of an ignition interlock device until the
suspension is upheld at a contested case hearing or the contested hearing is
waived.

S
ECTION 7.
S
ection
56-5-2941
(L) of the S.C. Code is amended to
read:

(
L)
(
1) A person who is required in the
course and scope of the person's employment to drive a motor vehicle owned by
the person's employer may drive the employer's motor vehicle without
installation of an ignition interlock device, provided that the person's use of
the employer's motor vehicle is solely for the employer's business purposes.

(
2)
This subsection does not apply to:

(
a)
a person convicted of a second or subsequent violation of Section
56-5-2930
,
56-5-2933
,
56-5-2945
, or a law of another state that prohibits a person from
driving a motor vehicle while under the influence of alcohol
,

or
other drugs
or substances
, unless the person's driving privileges
have been suspended for not less than one year or the person has had an
ignition interlock device installed for not less than one year on each of the
motor vehicles owned or operated, or both, by the person;

(
b)
a person who is self-employed or to a person who is employed by a business
owned in whole or in part by the person or a member of the person's household
or immediate family
unless during the defense of a
criminal charge, the court finds that the vehicle's ownership by the business
serves a legitimate business purpose and that titling and registration of the
vehicle by the business was not done to circumvent the intent of this section
;
or

(
c)
a person participating in the Ignition Interlock Device Program as an habitual
offender pursuant to Section
56-1-1090
(A).

(
3)
Whenever the person operates the employer's vehicle pursuant to this
subsection, the person shall have with the person a copy of the Department of
Motor Vehicles' form specified by Section
56-1-400
(B).

(
4)
This subsection will be construed in parallel with the requirements of Section
56-1-400
(B). A waiver issued pursuant to this subsection will be subject to
the same review and revocation as described in Section
56-1-400
(B).

S
ECTION 8.
S
ection
56-5-2945
of the S.C. Code is amended to read:

S
ection
56-5-2945
.
(
A)
A person who, while under the influence of alcohol, drugs, the
combination of alcohol and drugs or any substances to include
tetrahydrocannabinol or tetrahydrocannabinol analogue, drives a motor vehicle
and when driving a motor vehicle does any act forbidden by law or neglects any
duty imposed by law in the driving of the motor vehicle, which act or neglect
proximately causes moderate bodily injury to another person or damage to real
or personal property of another valued at over twenty-five thousand dollars, is
guilty of the offense of felony driving under the influence, second degree,
and, upon conviction, must be punished by a mandatory fine of not less than
three thousand dollars nor more than six thousand dollars and mandatory
imprisonment for not less than ninety days nor more than ten years.

(
B)
A person who, while under
the influence of alcohol, drugs,
or the
a
combination of alcohol and drugs

or any other substances, to include but not limited to tetrahydrocannabinol or
tetrahydrocannabinol analogue
, drives a motor vehicle and when driving a
motor vehicle does any act forbidden by law or neglects any duty imposed by law
in the driving of the motor vehicle, which act or neglect proximately causes
great bodily injury or death to another person, is guilty of the offense of
felony driving under the influence,
first degree,
and,
upon conviction, must be punished:

(
1)
by a mandatory fine of not less than five thousand one hundred dollars nor more
than ten thousand one hundred dollars and mandatory imprisonment for not less
than
thirty days
six months
nor
more than fifteen years when great bodily injury results;

(
2)
by a mandatory fine of not less than ten thousand one hundred dollars nor more
than twenty-five thousand one hundred dollars and mandatory imprisonment for
not less than one year nor more than twenty-five years when death results.

(
C)
A part of the
mandatory sentences required to be imposed by this section must not be
suspended, and probation must not be granted for any portion.
If a person is sentenced to a mandatory minimum sentence
pursuant to subsection (A) or subsection (B)(1), the person may be confined to
his place of residence pursuant to the Home Detention Act for the duration of
the sentence.

(B)
(
D)
As used in this section, "great bodily injury" means
bodily injury which creates a substantial risk of death or which causes
serious, permanent disfigurement, or protracted loss or impairment of the
function of any bodily member or organ.
As used in this
chapter, "moderate bodily injury" means physical injury that involves prolonged
loss of consciousness, or that causes temporary or moderate disfigurement or
temporary loss of the function of a bodily member or organ, or injury that
requires medical treatment when the treatment requires the use of general
anesthesia or injury that results in a fracture or dislocation. Moderate
bodily injury does not include a one-time treatment and subsequent observation
of scratches, cuts, abrasions, bruises, burns, splinters, or any other injuries
that do not ordinarily require extensive medical care.

(C)
(
E)
(
1) The
Department of Motor Vehicles shall suspend the driver's license of a person who
is convicted pursuant to this section. For suspension purposes of this
section, convictions arising out of a single incident must run concurrently.

(
2)
After the person is released from prison, the person shall enroll in the
Ignition Interlock Device Program pursuant to Section
56-5-2941
, end the
suspension, and obtain an ignition interlock restricted license pursuant to
Section
56-1-400
. The ignition interlock device is required to be affixed to
the motor vehicle for
:

(
a)
three years when great
bodily injury results and five years when a death occurs
;
or

(
b) one year when the conviction was
for felony DUI, second degree
.

(D)
(
F)
One hundred dollars of each fine imposed pursuant to
this section must be placed by the Comptroller General into a special
restricted account to be used by the Department of Public Safety for the
Highway Patrol.

S
ECTION 9.
S
ection
56-5-2947
(A) and (D) of the S.C. Code is
amended to read:

(
A) A person eighteen years of age or
older is guilty of child endangerment when:

(
1)
the person violates:

(
a)
Section
56-5-750
;

(
b)
Section
56-5-2930
56-5-2910
;

(
c)
Section
56-5-2933
56-5-2920
;
or

(
d)
Section
56-5-2945
56-5-2930
;
and

(
e) Section
56-5-2933
; or

(
f) Section
56-5-2945
; and

(
2)
the person has one or more passengers younger than sixteen years of age in the
motor vehicle when the violation occurs.

I
f more than one
passenger younger than sixteen years of age is in the vehicle when a violation
occurs, the person may be charged with only one violation of this section.

(
D)
(
1) In addition to imposing the
penalties for offenses listed in subsection (A)(1) and the penalties contained
in subsection (B), the Department of Motor Vehicles shall suspend the person's
driver's license for sixty days upon conviction under subsection (A)(1)(a).
Upon conviction under subsection (A)(1)(b) through (d), the Department of Motor
Vehicles shall suspend the person's driver's license.

(
2)
Upon conviction under subsection (A)(1)
(b)
(d)
through
(d)
(f)
, the person shall enroll in the Ignition Interlock
Device Program pursuant to Section
56-5-2941
, end the suspension, and obtain an
ignition interlock restricted license pursuant to Section
56-1-400
. The
ignition interlock device is required to be affixed to the motor vehicle for
three months.

(
3)
Sections
56-1-1320
and
56-5-2990
as they relate to enrollment in an alcohol and
drug safety action program and to the issuance of a provisional driver's
license will not be effective until the ignition interlock restricted license
period is completed.

S
ECTION 10.
S
ection
56-5-2950
of the S.C. Code is amended to read:

S
ection
56-5-2950
.
(
A) A person who drives
a motor vehicle in this State is considered to have given consent to chemical
tests of the person's breath, blood, or urine for the purpose of determining
the presence of alcohol, drugs,
or
the combination
of alcohol and drugs,
or other substances to include but
not limited to tetrahydrocannabinol or tetrahydrocannabinol analogue
if
arrested for an offense arising out of acts alleged to have been committed
while the person was driving a motor vehicle while under the influence of alcohol,
drugs,
or
a combination of alcohol and drugs
or any other substances to include but not limited to
tetrahydrocannabinol or tetrahydrocannabinol analogue
.
A breath test
Any breath or blood
testing
must be administered at the direction of a law enforcement
officer who has arrested a person for driving a motor vehicle in this State
while under the influence of alcohol, drugs,
or
a
combination of alcohol and drugs
or any other substances
to include but not limited to tetrahydrocannabinol or tetrahydrocannabinol
analogue
.

(
1)
At
If the officer has reasonable suspicion to believe the person
is under the influence of alcohol, at
the direction of the arresting
officer, the person first must be offered a breath test to determine the
person's alcohol concentration.
If
However, if
the person is physically unable to provide an
acceptable breath sample because the person has an injured mouth
, is unconscious or dead
, or
for any
other reason considered acceptable by the licensed medical personnel,

the person is being evaluated or treated at a medically licensed
facility,
the arresting officer may request a blood sample to be taken
without first offering a breath test
.
If the officer has reasonable suspicion that the person is under
the influence of drugs other than alcohol, or is under the influence of a
combination of alcohol and drugs, the officer may order that a urine sample be
taken for testing.
A breath sample taken for testing must be collected
within two hours of the arrest. Any additional
tests to
collect other
samples
taken with the timely consent
of the person
must be collected within three hours of the arrest. The
breath test must be administered by a person trained and certified by the South
Carolina Criminal Justice Academy, pursuant to SLED policies. Before the breath
test is administered, an eight one-hundredths of one percent simulator test
must be performed and the result must reflect a reading between 0.076 percent
and 0.084 percent.

(
2) If the officer has reasonable
suspicion that the person is under the influence of drugs other than alcohol, a
combination of alcohol and drugs or any other substances to include but not
limited to tetrahydrocannabinol or tetrahydrocannabinol analogue, the officer
may request that the person submit a blood sample for testing. Such a request
may be made with, or without first offering a breath test. A request for a
blood sample may also be made after a breath sample has been provided if the
officer has reasonable suspicion that the person is under the influence of
drugs or other substances , other than alcohol, to include but not limited to tetrahydrocannabinol
or tetrahydrocannabinol analogue. Blood samples taken with the consent of the
person must be collected within three hours of the arrest unless exigent
circumstances prevent collection of the samples within the three-hour period.

B
lood
and urine
samples must be obtained by
physicians licensed by the State Board of Medical Examiners
a licensed physician
,
or
a
registered
nurse licensed by the State Board of Nursing, a certified
phlebotomist, or
nurses licensed by the State Board
of Nursing, and
other medical personnel trained to obtain the samples
in a licensed medical facility
.
The
arresting officer shall not draw or obtain the blood sample.
Blood
and urine
samples must be obtained and handled in
accordance with procedures approved by SLED
and may be
collected anywhere the Department of Public Health and the trained person who
is collecting the sample determine is reasonable and adheres to the medical
industry standard of safety and quality procedures
.

(
B)
No tests may be administered or samples obtained unless,
upon
activation of the video recording equipment and
prior to the
commencement of the testing procedure, the person has been given a written copy
of and verbally informed that:

(
1)
the person does not have to take the test or give the samples, but that the
person's privilege to drive must be suspended or denied for at least
six months
one year
with the
option of ending the suspension if the person enrolls in the Ignition Interlock
Device Program, if the person refuses to submit to the test, and that the
person's refusal may be used against the person in court;

(
2)
the person's privilege to drive must be suspended for at least
one month
ninety days
with
the option of ending the suspension if the person enrolls in the Ignition
Interlock Device Program, if the person takes the test or gives the samples and
has an alcohol concentration of fifteen one-hundredths of one percent or more;

(
3)
the person has the right to have a qualified person of the person's own
choosing conduct additional independent tests at the person's expense;

(
4)
the person has the right to request a contested case hearing within thirty days
of the issuance of the notice of suspension; and

(
5)
if the person does not request a contested case hearing or if the person's
suspension is upheld at the contested case hearing, the person shall enroll in
an Alcohol and Drug Safety Action Program.

(
C)
A hospital, physician, qualified technician, chemist,
phlebotomist,
emergency medical technician,
or registered
nurse
, or any other trained medical personnel
who obtains the
samples or conducts the test or participates in the process of obtaining the
samples or conducting the test in accordance with this section is not subject
to a cause of action for assault, battery, or another cause alleging that the
drawing of blood or taking samples at the request of the arrested person or a
law enforcement officer was wrongful. This release from liability does not
reduce the standard of medical care required of the person obtaining the
samples or conducting the test. This qualified release also applies to the
employer of the person who conducts the test or obtains the samples.

(
D)
The person tested or giving samples for testing may have a qualified person of
the person's own choosing conduct additional tests at the person
'
'
s expense and must be
notified in writing of that right. A person's request or failure to request
additional blood or urine tests is not admissible against the person in the
criminal trial. The failure or inability of the person tested to obtain
additional tests does not preclude the admission of evidence relating to the
tests or samples obtained at the direction of the law enforcement officer.

(
E)
If the person provides the requested samples and thereafter
requests assistance to obtain additional tests,
The

the
arresting officer shall provide
affirmative assistance to the person to contact a qualified person to conduct
and obtain additional tests. Affirmative assistance, at a minimum, includes
providing transportation for the person to the nearest medical facility which
performs blood tests to determine a person's alcohol concentration. If the
medical facility obtains the blood sample but refuses or fails to test the
blood sample to determine the person's alcohol concentration, SLED shall test
the blood sample and provide the result to the person and to the arresting
officer. Failure to provide affirmative assistance
upon
request
to obtain additional tests
when required by
this subsection
bars the admissibility of the breath test result in a
judicial or administrative proceeding.
The arresting
officer is not required to provide affirmative assistance if the person refuses
to provide the requested sample provided for by subsection (A).

S
LED shall administer
the provisions of this subsection and shall make regulations necessary to carry
out this subsection's provisions. The costs of the tests administered at the
direction of the law enforcement officer must be paid from the state's general
fund. However, if the person is subsequently convicted of violating Section
56-5-2930
,
56-5-2933
, or
56-5-2945
, then, upon conviction, the person shall pay
twenty-five dollars for the costs of the tests. The twenty-five dollars must be
placed by the Comptroller General into a special restricted account to be used
by the State Law Enforcement Division to offset the costs of administration of
the breath testing devices, breath testing site video program, and toxicology
laboratory.

(
F)
A qualified person who obtains samples or administers the tests or assists in
obtaining samples or the administration of tests at the direction of a law
enforcement officer is released from civil and criminal liability unless the
obtaining of samples or tests is performed in a negligent, reckless, or
fraudulent manner. No person may be required by the arresting officer, or by
another law enforcement officer, to obtain or take any sample of blood or
urine.

(
G)
In the criminal prosecution for a violation of Section
56-5-2930
,
56-5-2933
, or
56-5-2945
the alcohol concentration at the time of the test, as shown by
chemical analysis of the person's breath or other body fluids, gives rise to
the following:

(
1)
if the alcohol concentration was at that time five one-hundredths of one
percent or less, it is conclusively presumed that the person was not under the
influence of alcohol;

(
2)
if the alcohol concentration was at that time in excess of five one-hundredths
of one percent but less than eight one-hundredths of one percent, this fact
does not give rise to any inference that the person was or was not under the
influence of alcohol, but this fact may be considered with other evidence in
determining the guilt or innocence of the person; or

(
3)

(2)
if the alcohol concentration was at that time
eight one-hundredths of one percent or more, it may be inferred that the person
was under the influence of alcohol.

T
he provisions of
this section must not be construed as limiting the introduction of any other
evidence bearing upon the question of whether or not the person was under the
influence of alcohol, drugs,
or
a combination of
alcohol and drugs
or other substances to include but not
limited to tetrahydrocannabinol or tetrahydrocannabinol analogue
.

(
H)
A person who is unconscious or otherwise in a condition
rendering the person incapable of refusal is considered to be informed and not
to have withdrawn the consent provided by subsection (A) of this section.

(
I)

A person required to submit to tests by the arresting law enforcement officer
must be provided with a written report including the time of arrest, the time
of the tests, and the results of the tests before any trial or other proceeding
in which the results of the tests are used as evidence. A person who obtains
additional tests shall furnish a copy of the time, method, and results of such
tests to the officer before a trial, hearing, or other proceeding in which the
person attempts to use the results of the additional tests as evidence.

(J)
(
I)
Policies, procedures, and regulations promulgated by
SLED may be reviewed by the trial judge or hearing officer on motion of either
party. The failure to follow policies, procedures, and regulations, or the
provisions of this section, shall result in the exclusion from evidence of any
test results, if the trial judge or hearing officer finds that this failure
materially affected the accuracy or reliability of the test results or the
fairness of the testing procedure and the court trial judge or hearing officer
rules specifically as to the manner in which the failure materially affected
the accuracy or reliability of the test results or the fairness of the
procedure.

(K)
(
J)
If a state employee charged with the maintenance of
breath testing devices in this State and the administration of breath testing
policy is required to testify at a contested case hearing or court proceeding,
the entity employing the witness may charge a reasonable fee to the defendant
for such services
if summoned for court at the request of
the defendant
.

S
ECTION 11.
S
ection
56-5-2951
of the S.C. Code is amended to read:

S
ection
56-5-2951
.
(
A) The Department of
Motor Vehicles shall suspend the driver's license, permit, or nonresident
operating privilege of, or deny the issuance of a license or permit to, a
person who drives a motor vehicle and refuses to submit to a test provided for
in Section
56-5-2950
or has an alcohol concentration of fifteen one-hundredths
of one percent or more. The arresting officer shall issue a notice of
suspension which is effective beginning on the date of the alleged violation of
Section
56-5-2930
,
56-5-2933
, or
56-5-2945
and provide a
copy of the notice to the person
.

(
B)
(
1) Within thirty days of the issuance
of the notice of suspension, the person may:

(
a)
request a contested case hearing before the Office of Motor Vehicle Hearings
pursuant to its rules of procedure; and, either:

(
b)
enroll in the Ignition Interlock Device Program pursuant to Section
56-5-2941
;
or

(
c)
obtain a temporary alcohol license
with an ignition
interlock device restriction pursuant to Section
56-1-400

from the
Department of Motor Vehicles. A one hundred dollar fee must be assessed for
obtaining a temporary alcohol license and such fee must be held in trust by the
Department of Motor Vehicles until final disposition of any contested case
hearing.
If a final disposition of the matter has not
occurred within ninety days of the request of the contested case hearing, the
Department of Motor Vehicles shall remove the ignition interlock device
restriction pending the final disposition of the contested case hearing. If the
person asks for a continuance which delays the hearing, the ignition interlock
device restriction shall be extended for an additional ninety days.
Should
the temporary suspension provided for in this subsection be upheld during the
contested case hearing, twenty-five dollars of the fee must be distributed by
the Department of Motor Vehicles to the Department of Public Safety for supplying
and maintaining all necessary vehicle videotaping equipment, while the
remaining seventy-five dollars must be placed by the Comptroller General into
the State Highway Fund as established by Section
57-11-20
, to be distributed as
provided in Section
11-43-167
. The temporary alcohol license allows the person
to drive without any restrictive conditions pending the outcome of the
contested case hearing provided for in subsection (F), this section, or the
final decision or disposition of the matter. If the suspension is upheld at the
contested case hearing, the temporary alcohol license remains in effect until
the Office of Motor Vehicle Hearings issues the hearing officer's decision and
the Department of Motor Vehicles sends notice to the person pursuant to
subsection (H).

(
2)
At the contested case hearing, if:

(
a)
the suspension is upheld, the person's driver's license, permit, or nonresident
operating privilege must be suspended or the person must be denied the issuance
of a license or permit for the remainder of the suspension period provided for
in subsection (I). Within thirty days of the issuance of the notice that the
suspension has been upheld, the person shall enroll in an Alcohol and Drug
Safety Action Program pursuant to Section
56-5-2990
and must enroll in the
Ignition Interlock Device Program pursuant to Section
56-5-2941
for any suspension time still remaining
;

(
b)
the suspension is overturned, the person must have the person's driver's
license, permit, or nonresident operating privilege reinstated and the person
must be reimbursed by the Department of Motor Vehicles in the amount of the
fees provided for in subsection (B)(1)(c).

(
3)
If the suspension is overturned, the person's driver's license,
permit, or nonresident operating privilege must be reinstated.

(
4)

The provisions of this subsection do not affect the trial for a violation of
Section
56-5-2930
,
56-5-2933
, or
56-5-2945
.

(
C)
The period of suspension provided for in subsection (I) begins on the day the
notice of suspension is issued, or at the expiration of any other suspensions,
and continues until the person applies for a temporary alcohol license and
requests a contested case hearing.

(
D)
If a person does not request a contested case hearing, the person waives the
person's right to the hearing, and the person's suspension must not be stayed
but continues for the period provided for in subsection (I).

(
E)
(
1)
The notice of suspension must advise the person:

(1)
(
a)
of the person's right to obtain a temporary alcohol
driver's license and to request a contested case hearing before the Office of
Motor Vehicle Hearings;

(2)
(
b)
that, if the person does not request a contested case
hearing within thirty days of the issuance of the notice of suspension, the
person waives the person's right to the contested case hearing, and the
suspension continues for the period provided for in subsection (I); and

(3)
(
c)
that, if the suspension is upheld at the contested
case hearing or the person does not request a contested case hearing, the
person shall enroll in an Alcohol and Drug Safety Action Program.

(
2) Following the advisement, the
arresting officer must electronically submit the notice to the Department of
Motor Vehicles. The suspension begins upon the electronic submission of the
notice. The arresting officer is not required to confiscate the person's
driver's license. The person is not required to return the license to the
Department of Motor Vehicles.

(
F)
(
1) A contested case hearing must be
held after the request for the hearing is received by the Office of Motor
Vehicle Hearings. The scope of the hearing is limited to whether the person:

(
a)
was lawfully arrested or detained;

(
b)
was given a written copy of and verbally informed of the rights enumerated in
Section
56-5-2950
;

(
c)
refused to submit to a test pursuant to Section
56-5-2950
; or

(
d)
consented to taking a test pursuant to Section
56-5-2950
, and the:

(
i) reported alcohol concentration at
the time of testing was fifteen one-hundredths of one percent or more;

(
ii) individual who administered the
test or took samples was qualified pursuant to Section
56-5-2950
;

(
iii) tests administered and samples
obtained were conducted pursuant to Section
56-5-2950
; and

(
iv) machine was working properly.

(
2)
Nothing in this section prohibits the introduction of evidence at the contested
case hearing on the issue of the accuracy of the breath test result.

(
3)
A written order must be issued to all parties either reversing or upholding the
suspension of the person's license, permit, or nonresident's operating
privilege, or denying the issuance of a license or permit. If the suspension
is upheld, the person must receive credit for the number of days the person's
license was suspended before the person received a temporary alcohol license
and requested the contested case hearing and must receive credit for the number
of days, if any, the person maintained an ignition interlock restriction on the
temporary alcohol license.

(
4)
The Department of Motor Vehicles and the arresting officer shall have the
burden of proof in contested case hearings conducted pursuant to this section.
If neither the Department of Motor Vehicles nor the arresting officer appears
at the contested case hearing, the hearing officer shall rescind the suspension
of the person's license, permit, or nonresident's operating privilege
regardless of whether the person requesting the contested case hearing or the
person's attorney appears at the contested case hearing.

(
G)
A contested case hearing is governed by the Administrative Procedures Act, and
a person has a right to appeal the decision of the hearing officer pursuant to
that act to the Administrative Law Court in accordance with the Administrative
Law Court's appellate rules. The filing of an appeal stays the suspension
until a final decision is issued on appeal.

(
H)
If the person did not request a contested case hearing or the suspension is
upheld at the contested case hearing, the person shall enroll in an Alcohol and
Drug Safety Action Program pursuant to Section
56-5-2990
.

(
I)
(
1) Except as provided in item (3),
the period of a driver's license, permit, or nonresident operating privilege
suspension for, or denial of issuance of a license or permit to, an arrested
person who has no previous convictions for violating Section
56-5-2930
,
56-5-2933
, or
56-5-2945
, or a law of another state that prohibits a person from
driving a motor vehicle while under the influence of alcohol or other drugs
or substances
within the ten years preceding a violation
of this section, and who has had no previous suspension imposed pursuant to
Section
56-1-286
,
56-5-2951
, or
56-5-2990
, within the ten years preceding a
violation of this section is:

(
a)

six months
one year
for
a person who refuses to submit to a test pursuant to Section
56-5-2950
; or

(
b)

one month
two months
for
a person who takes a test pursuant to Section
56-5-2950
and has an alcohol
concentration of fifteen one-hundredths of one percent or more.

(
2)
The period of a driver's license, permit, or nonresident operating privilege
suspension for, or denial of issuance of a license or permit to, a person who
has been convicted previously for violating Section
56-5-2930
,
56-5-2933
, or
56-5-2945
, or another law of this State or another state that prohibits a
person from driving a motor vehicle while under the influence of alcohol or
another drug
or substance
within the ten years
preceding a violation of this section, or who has had a previous suspension imposed
pursuant to Section
56-1-286
,
56-5-2951
, or
56-5-2990
, within the ten years
preceding a violation of this section is:

(
a)
for a second offense,
nine months
two years
if the person refuses to submit to a test
pursuant to Section
56-5-2950
, or
two
four
months if the person takes a test pursuant to
Section
56-5-2950
and has an alcohol concentration of fifteen one-hundredths of
one percent or more;

(
b)
for a third offense,
twelve months
three years
if the person refuses to submit to a test
pursuant to Section
56-5-2950
, or
three
six
months if the person takes a test pursuant to Section
56-5-2950
and has an alcohol concentration of fifteen one-hundredths of one
percent or more; and

(
c)
for a fourth or subsequent offense,
fifteen months
four years
if the person refuses to submit to a test
pursuant to Section
56-5-2950
, or
four
eight
months if the person takes a test pursuant to
Section
56-5-2950
and has an alcohol concentration of fifteen one-hundredths of
one percent or more.

(
3)
(
a) In lieu of serving the remainder
of a suspension or denial of the issuance of a license or permit, a person may
enroll in the Ignition Interlock Device Program pursuant to Section
56-5-2941
,
end the suspension or denial of the issuance of a license or permit, and obtain
an ignition interlock restricted license pursuant to Section
56-1-400
. The
ignition interlock device is required to be affixed to the motor vehicle equal
to the length of time remaining on the person's suspension or denial of the issuance
of a license or permit. If the length of time remaining is less than three
months, the ignition interlock device is required to be affixed to the motor
vehicle for three months.

(
b)
The person must receive credit for the number of days the person maintained an
ignition interlock restriction on the temporary alcohol license.

(
c)
Once a person has enrolled in the Ignition Interlock Device Program and
obtained an ignition interlock restricted license, the person is subject to
Section
56-5-2941
and cannot subsequently choose to serve the suspension.

(
J)
A person's driver's license, permit, or nonresident operating privilege must be
restored when the person's period of suspension or ignition interlock
restricted license requirement pursuant to subsection (I) has concluded, even
if the person has not yet completed the Alcohol and Drug Safety Action
Program. After the person's driving privilege is restored, the person shall
continue the services of the Alcohol and Drug Safety Action Program. If the
person withdraws from or in any way stops making satisfactory progress toward
the completion of the Alcohol and Drug Safety Action Program, the person's
license must be suspended until the completion of the Alcohol and Drug Safety
Action Program. A person shall be attending or have completed an Alcohol and Drug
Safety Action Program pursuant to Section
56-5-2990
before the person's driving
privilege can be restored at the conclusion of the suspension period or
ignition interlock restricted license requirement.

(
K)
When a nonresident's privilege to drive a motor vehicle in this State has been
suspended pursuant to the provisions of this section, the department shall give

written
notice of the action taken to the motor
vehicle administrator of the state of the person's

residence and of any state in which the person has a

license or permit.

(
L)
The department shall not suspend the privilege to drive of a person under the
age of twenty-one pursuant to Section
56-1-286
, if the person's privilege to
drive has been suspended pursuant to this section arising from the same
incident.

(
M)
A person whose driver's license or permit is suspended pursuant to this section
is not required to file proof of financial responsibility.

(
N)
An insurer shall not increase premiums on, add surcharges to, or cancel the
automobile insurance of a person charged with a violation of Section
56-1-286
,
56-5-2930
,
56-5-2933
,
56-5-2945
, or a law of another state that prohibits a
person from driving a motor vehicle while under the influence of alcohol
,

or
other drugs
or substances
based solely on the violation unless the
person is convicted of the violation.

(
O)
The department shall administer the provisions of this section.

(
P)
Nothing in this section shall prevent the prosecuting authority from waiving or
dismissing the charge.

S
ECTION 12.
S
ection
56-5-2953
of the S.C. Code is amended to read:

S
ection
56-5-2953
.
(
A) A person who
violates Section
56-5-2930
,
56-5-2933
, or
56-5-2945
must have his conduct at
the incident site and the breath test site video recorded.

The State may comply with the video recording requirement by offering into
evidence one or more video recordings, or by establishing that one or more of
the exceptions provided for in subsection (B) applies.

(
1)
(
a)
The video

Video
recording
at the
incident site
must:

(
i) not begin later than the
activation of the officer's blue lights;

(
ii) include any field sobriety tests
administered; and

(
iii) include the arrest of a
person for a violation of Section
56-5-2930
or Section
56-5-2933
, or a probable
cause determination in that the person violated Section
56-5-2945
, and show the
person being advised of his Miranda rights.

(
iii) reasonably document the
advisement of Miranda rights if Miranda warnings are given. Nothing in this
section shall be construed to require the giving of Miranda warnings unless the
state attempts to introduce statements made in response to a custodial interrogation.

(
b)
A refusal to take a field sobriety test does not constitute disobeying a police
command.

(
2)
The

If a breath test is
administered,
video recording
at the breath test
site
must:

(
a)
include the entire breath test procedure, the person being informed that he is
being video recorded, and that he has the right to refuse the test;

(
b)
include the person taking or refusing the breath test and the actions of the
breath test operator while conducting the test; and

(
c)
also include the person's conduct during the required twenty-minute pre-test
waiting period, unless the officer submits a sworn affidavit certifying that it
was physically impossible to video record this waiting period.

(
3)
The video recordings
of
made
at
the incident site
, in the law enforcement
vehicle, on a body worn camera,
and
of
at
the breath test site are admissible pursuant to the
South Carolina Rules of Evidence in a criminal, administrative, or civil
proceeding by any party to the action.

(
B)
(
1)
Nothing in this section may be construed as
prohibiting the introduction of other relevant evidence in the trial of a
violation of Section
56-5-2930
,
56-5-2933
, or
56-5-2945
.
A
violation of this section is not grounds for the dismissal of a violation of
Section
56-5-2930
, Section
56-5-2933
, or Section
56-5-2945
.

(
2)
Failure by the arresting
officer to produce
the video recording required by this
section is not alone a ground for dismissal of any charge made pursuant to
a video recording that substantially complies with the recording
requirements of this section may be grounds for the suppression of evidence
that was not properly recorded or documented as set forth in this section in
any trial for a violation of
Section
56-5-2930
,
56-5-2933
, or
56-5-2945

if
unless
the arresting
officer submits a sworn affidavit certifying that the video recording equipment

at the time of the arrest or probable cause determination,
or video equipment at the breath test facility
was in an inoperable
condition, stating which reasonable efforts have been made to maintain the
equipment in an operable condition, and certifying that there was no other
operable breath test facility available in the county or, in the alternative,
submits a sworn affidavit certifying that it was physically impossible to
produce the video recording because the person needed emergency medical
treatment, or exigent circumstances existed. In circumstances including, but
not limited to,
road blocks
roadblocks
,
traffic accident investigations, and citizens' arrests, where an arrest has
been made and the video recording equipment has not been activated by blue
lights, the failure by the arresting officer to produce the video recordings
required by this section is not alone a ground for

dismissal
the suppression of evidence
.
However
, as soon as video recording is practicable

in these circumstances, video recording must begin
as soon
as practicable
and
thereafter must
conform
with the provisions of this section. Nothing in this section prohibits the
court from considering any other valid reason for the failure
to produce the
of the State to
substantially comply with any
video recording
requirements

based upon the totality of the circumstances; nor do the provisions of
this section prohibit the person from offering evidence relating to the
arresting law enforcement officer's failure to produce the video recording.

(
3) The court must view all relevant
portions of any video recordings before making a ruling on suppression of
evidence or testimony.

(
C)
A video recording must not be disposed of in any manner except for its transfer
to a master recording for consolidation purposes until the results of any legal
proceeding in which it may be involved are finally determined.

(
D)
SLED is responsible for purchasing, maintaining, and supplying all necessary
video recording equipment for use at the breath test sites. SLED also is
responsible for monitoring all breath test sites to ensure the proper
maintenance of video recording equipment. The Department of Public Safety is
responsible for purchasing, maintaining, and supplying all videotaping
equipment for use in all law enforcement vehicles used for traffic enforcement.
The Department of Public Safety also is responsible for monitoring all law
enforcement vehicles used for traffic enforcement to ensure proper maintenance
of video recording equipment.

(
E)
Beginning one month from the effective date of this section, all of the funds
received in accordance with Section
14-1-208
(C)(9) must be expended by SLED to
equip all breath test sites with video recording devices and supplies. Once all
breath test sites have been equipped fully with video recording devices and
supplies, eighty-seven and one-half percent of the funds received in accordance
with Section
14-1-208
(C)(9) must be expended by the Department of Public Safety
to purchase, maintain, and supply video recording equipment for vehicles used
for traffic enforcement. The remaining twelve and one-half percent of the funds
received in accordance with Section
14-1-208
(C)(9) must be expended by SLED to
purchase, maintain, and supply video recording equipment for the breath test
sites. Funds must be distributed by the State Treasurer to the Department of
Public Safety and SLED on a monthly basis. The Department of Public Safety and
SLED are authorized to carry forward any unexpended funds received in accordance
with Section
14-1-208
(C)(9) as of June thirtieth of each year and to expend
these carried forward funds for the purchase, maintenance, and supply of video
recording equipment. The Department of Public Safety and SLED must report the
revenue received under this section and the expenditures for which the revenue
was used as required in the department
'
'
s and SLED's annual appropriation request to the General
Assembly.

(
F)
The Department of Public Safety and SLED must promulgate regulations necessary
to implement the provisions of this section.

(
G)
The provisions contained in Section
56-5-2953
(A), (B), and (C) take effect for
each law enforcement vehicle used for traffic enforcement once the law
enforcement vehicle is equipped with a video recording device. The provisions
contained in Section
56-5-2953
(A), (B), and (C) take effect for a breath test
site once the breath test site is equipped with a video recording device.

S
ECTION 13.
S
ection
56-5-2920
of the S.C. Code is amended to read:

S
ection
56-5-2920
.
(
A)
Any
A

person who drives any vehicle in such a manner as to indicate either a
wilful or wanton disregard for the safety of persons or property is guilty of
reckless driving.
The Department of Motor Vehicles, upon
receiving satisfactory evidence of the conviction, of the entry of a plea of
guilty or the forfeiture of bail of any person charged with a second and
subsequent offense for the violation of this section shall forthwith suspend
the driver's license of any such person for a period of three months. Only
those offenses which occurred within a period of five years including and
immediately preceding the date of the last offense shall constitute prior
offenses within the meaning of this section.
Any person violating the
provisions of this section shall, upon conviction, entry of a plea of guilty or
forfeiture of bail, be punished by a fine of not less than twenty-five dollars
nor more than two hundred dollars or by imprisonment for not more than thirty
days.

(
B) A person who drives any vehicle in
such a manner as to indicate either a wilful or wanton disregard for the safety
of persons or property and causes great bodily injury, as defined in Section
56-5-2945
(B), to another is guilty of misdemeanor reckless driving and, upon
conviction, shall be punished by a fine of not less than five hundred dollars
nor more than two thousand five hundred dollars, or by imprisonment for not
more than five years, or both.

(
C) A person who drives any vehicle in
such a manner as to indicate either a wilful or wanton disregard for the safety
of persons or property and causes moderate bodily injury, as defined in Section
56-5-2945
, to another is guilty of misdemeanor reckless driving resulting in
moderate bodily injury and, upon conviction, shall be punished by a fine of not
less than five hundred dollars nor more one thousand dollars, or by
imprisonment for not more than three years, or both.

(
D) The Department of Motor Vehicles,
upon receiving satisfactory evidence of the conviction, of the entry of a plea
of guilty, or the forfeiture of bail of any person charged with a second and
subsequent offense of the violation of this section shall suspend the driver's
license of any such person for a period of three months. Only those offenses
which occurred within a period of five years including and immediately
preceding the date of the last offense shall constitute prior offenses within
the meaning of this section.

(
E) Prosecution under this section
does not prevent the charging and prosecution under any other section or
chapter.

S
ECTION 14.
A
rticle 23, Chapter 5, Title 56 of the S.C. Code is
amended by adding:

S
ection
56-5-2960
.
(
A) As used in this
section:

(
1)
"disabled" means a legal disability as is measured by functional inabilities;
and includes inabilities caused by psychological, psychiatric, or
stress-related trauma, and refers to any person seventeen years of age or older
who is unable to make informed decisions with respect to his or her personal
affairs to the extent that he or she lacks the capacity to provide for his or
her physical health and safety or the physical health and safety of a minor
child including, but not limited to, healthcare, food, shelter, clothing, or
personal hygiene; and

(
2)
"totally and permanently disabled" means the inability to do any substantial
gainful activity by reason of any medically determinable physical or mental
impairment which can be expected to result in death or which has lasted or can
be expected to last for a continuous period of not less than twelve months; and
includes a finding of permanent total disability by the Social Security
Administration that a person is disabled and qualifies for benefits or a
finding by an administrative law judge.

(
B)
(
1) If a defendant is convicted of a
violation of Section
56-5-2945
(B) and the violation caused the death of a
parent or guardian of a minor child or dependent or resulted in a finding by
the court that a parent or guardian of a minor child or dependent is disabled
or totally and permanently disabled, then the sentencing court may order the
defendant to pay restitution in the form of financial support for the child or
dependent to each child or dependent of the victim for the duration of any
probationary sentence and/or community supervision until the child or dependent
reaches eighteen years of age, or nineteen years of age if the child or
dependent is still enrolled in high school.

(
2)
In determining an amount that is reasonable and necessary for the financial
support of the victim's child or dependent, the court shall consider all
relevant factors, including the:

(
a)
financial needs and resources of the child or dependent;

(
b)
financial resources and needs of the surviving parent or guardian of the child
or dependent;

(
c)
standard of living to which the child or dependent is accustomed;

(
d)
physical and emotional condition of the child or dependent and the child's or
dependent's educational needs;

(
e)
child's or dependent's physical and legal custody arrangements; and

(
f)
reasonable childcare expenses of the surviving parent or guardian.

(
C)
(
1) If the surviving parent or
guardian of the child or dependent brings a civil action against the defendant
before the sentencing court orders restitution to financially support the child
or dependent and the surviving parent or guardian obtains a judgment and full
satisfaction of damages in the civil suit, restitution shall not be ordered
under this section.

(
2)
If the court orders the defendant to pay restitution to financially support the
child or dependent under this section and the surviving parent or guardian
subsequently brings a civil action and obtains a judgment, the restitution
order shall be offset by the amount of the judgment awarded and paid by the
defendant or the defendant's insurance for lost wages or permanent impairment
of the power to work and earn money in the civil action.

S
ECTION 15.
S
ection
56-5-2990
(C) of the S.C. Code is amended to
read:

(
C) The Office of Substance Use
Services shall determine the cost of services provided by each certified
Alcohol and Drug Safety Action Program. Each person shall bear the cost of
services recommended in the person's plan of education or treatment. The cost
may not exceed
five hundred
one
thousand
dollars for education services,
two
four
thousand dollars for treatment services, and
two thousand five hundred
five
thousand
dollars in total for all services. No person may be denied
services due to an inability to pay.
The cost for the
Alcohol and Drug Safety Action Program is subject to the annual percentage
increases not to exceed increases in the Consumer Price Index as reported by
the Department of Labor Statistics, Consumer Price Index for South Carolina
after year 2026.
Inability to pay for services may not be used as a
factor in determining if the person has successfully completed services. A
person who is unable to pay for services shall perform fifty hours of community
service as arranged by the Alcohol and Drug Safety Action Program, which may
use the completion of this community service as a factor in determining if the
person has successfully completed services. The Office of Substance Use
Services shall report annually to the House Ways and Means Committee and Senate
Finance Committee on the number of first and multiple offenders completing the
Alcohol and Drug Safety Action Program, the amount of fees collected and
expenses incurred by each Alcohol and Drug Safety Action Program, and the number
of community service hours performed in lieu of payment.

S
ECTION 16.
S
ection
56-1-286
(L) of the S.C. Code is amended to
read:

(
L)
(
1) Within thirty days of the issuance
of the notice of suspension the person may:

(
a)
request a contested case hearing before the Office of Motor Vehicle Hearings
pursuant to its rules of procedure; and, either:

(
b)
enroll in the Ignition Interlock Device Program pursuant to Section
56-5-2941
;
or

(
c)
obtain a temporary alcohol license
with an ignition
interlock restriction pursuant to Section
56-1-400
from the Department
of Motor Vehicles. A one hundred dollar fee must be assessed for obtaining a
temporary alcohol license. Twenty-five dollars of the fee must be distributed
to the Department of Public Safety for supplying and maintaining all necessary
vehicle videotaping equipment. The remaining seventy-five dollars must be
placed by the Comptroller General into the State Highway Fund as established by
Section
57-11-20
, to be distributed as provided in Section
11-43-167
. The
temporary alcohol license allows the person to drive a motor vehicle pending
the outcome of the contested case hearing provided for in this section or the
final decision or disposition of the matter.

(
2)
The ignition interlock restriction must be maintained on the temporary alcohol
license for three months. If the contested case hearing has not reached a final
disposition by the time the ignition interlock restriction has been removed,
then the person can obtain a temporary alcohol license without an ignition
interlock restriction.

(
3)
At the contested case hearing, if:

(
a)
the suspension is upheld, the person shall enroll in an Alcohol and Drug Safety
Action Program and the person's driver's license, permit, or nonresident
operating privilege must be suspended or the person must be denied the issuance
of a license or permit for the remainder of the suspension periods provided for
in subsections (F) and (G);
and
or

(
b)
the person must enroll in the Ignition Device Program pursuant
to Section
56-5-2941
the suspension is overturned,
the person's driver's license, permit, or nonresident operating privilege must
be reinstated
.

(
4)
If the suspension is overturned, the person's driver's license, permit, or
nonresident operating privilege must be reinstated.

S
ECTION 17.
S
ection
56-1-400
(H) of the S.C. Code is amended to
read:

(
H) Nothing in this section
shall be construed to require a person to obtain an ignition interlock device
unless one or more of the offenses that resulted in the suspension were alcohol
related.

S
ECTION 18.
S
ection
1-7-406
of the S.C. Code is amended to read:

S
ection
1-7-406
. Notwithstanding any other provision of law, each judicial circuit of
this State, in addition to its other assistant solicitors, shall have
one
three
assistant
solicitor
solicitors
and one
investigator who shall be full-time employees. Such assistant
solicitor
solicitors
and
investigator for each circuit shall be appointed by the solicitor of that
circuit, shall serve at his pleasure and shall have such responsibilities as
the solicitor directs.
The circuit solicitor shall
designate assistant prosecutors to prosecute the offenses of driving under the
influence and driving with an unlawful alcohol concentration in the various
courts.
The compensation of each such assistant solicitor and
investigator or such other staff as may be designated by each solicitor for his
circuit and related employment expenses shall be as provided by the General
Assembly in the annual general appropriations act. Nothing contained herein
shall prohibit the funds so provided for such staff to be designated by the
solicitor as being utilized with local and federal funds.

S
ECTION 19.
S
ection
17-22-50
of the S.C. Code is amended to read:

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

(
1)
he previously has been accepted into an intervention program; or

(
2)
the person is charged with:

(
a)
blackmail;

(
b)
driving under the influence or driving with an unlawful alcohol concentration
more than first offense or if driving with a current Class A,
B, or C commercial driver's license
;

(
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.

S
ECTION 20.
C
hapter 22, Title 17 of the S.C. Code is amended by
adding:

S
ection
17-22-58
. In addition to any other intervention program requirement, a
condition of admission to the pretrial intervention program of a person charged
with driving under the influence first offense or driving with an unlawful
alcohol concentration first offense, must participate and complete a DUI victim
impact panel, as defined in Section
56-5-2930
(H), have a breath alcohol
ignition interlock device installed for six months, monitored by the ignition
interlock program of the Department of Probation, Parole and Pardon Services,
and participate and complete the South Carolina Alcohol and Drug Safety Action Program
"ADSAP".

S
ECTION 21.
S
ection
17-22-130
of the S.C. Code is amended to read:

S
ection
17-22-130
. Notwithstanding the provisions of Section
17-1-40
, in all cases
where an offender is accepted for intervention a report must be made and
retained on file in the solicitor's office, regardless of whether or not the
offender successfully completes the intervention program. All reports must be
retained on file in the solicitor's office for a period of two years after
successful completion, two years after rejection, or two years after
unsuccessful completion of the program. After the retention of these reports
for two years, they may be destroyed. The circuit solicitor shall furnish to
the South Carolina Law Enforcement Division personal identification information

and criminal offense
on each person who applies for
intervention, is subsequently accepted or rejected and successfully or
unsuccessfully completes the program.
The division shall
maintain this database and shall not destroy any information contained therein.

This information may only be used by the division and the State Coordinator's
Office in those cases where a circuit solicitor
,
magistrate, municipal judge, or municipal prosecutor
inquires as to
whether a person has previously been accepted in an intervention program.
However, that information may be confidentially released to the State
Coordinator's Office to assist in compiling annual reports. The identification
information on any defendant must not be under any circumstances released as
public knowledge.

S
ECTION 22.
S
ection
22-3-545
of the S.C. Code is amended to read:

S
ection
22-3-545
.
(
A) Notwithstanding the
provisions of Sections
22-3-540
and
22-3-550
, a criminal case, the penalty for
which the crime in the case does not exceed five thousand five hundred dollars
or one year imprisonment, or both, either as originally charged or as charged
pursuant to the terms of a plea agreement, may be transferred from general
sessions court if the provisions of this section are followed.

(
B)
(
1) The solicitor, upon ten days'
written notice to the defendant, may petition a circuit court judge in the
circuit to transfer one or more cases from the general sessions court docket to
a docket of a magistrates or municipal court in the circuit for disposition.
The solicitor's notice must fully apprise the defendant of his right to have
his case heard in general sessions court. The notice must include the
difference in jury size in magistrates or municipal court and in general
sessions court. The case may be transferred from the general sessions court
unless the defendant objects after notification by the solicitor pursuant to
the provisions of this item. The objection may be made orally or in writing at
any time prior to the trial of the case or prior to the entry of a guilty plea.
The objection may be made to the chief judge for administrative purposes in the
judicial circuit where the charges are pending, the trial judge, or the
solicitor. Before impaneling the jury or accepting the guilty plea of the
defendant, the trial judge must receive an affirmative waiver by the defendant,
if present, of his right to have the case tried in general sessions court. The
defendant must be informed that, if tried in general sessions court, the case
would be tried in front of twelve jurors who must reach a unanimous verdict
before a finding of guilty of the offense can be rendered in his case, and that
if tried in magistrates or municipal court, the case would be tried in front of
six jurors who must reach a unanimous verdict before a finding of guilty of the
offense can be reached in his case. The defendant may waive any and all of the
rights provided in this subsection, in writing, prior to the impaneling of the
jury or the acceptance of the defendant's guilty plea.

(
2)
A case transferred to a magistrates or municipal court not disposed of in one
hundred eighty days from the date of transfer automatically reverts to the
docket of the general sessions court
, except for
violations of Section
56-5-2930
and Section
56-5-2933
.

(
C)
All cases transferred to the magistrates or municipal court must be prosecuted
by the solicitor's office. The chief magistrate of the county or the chief
municipal judge of the municipality, upon petition of the solicitor, shall set
the terms of court and order the magistrates and municipal judges to hold terms
of court on specific times and dates for the disposition of these cases.

(
D)
Provision for an adequate record must be made by the solicitor's office.

(
E)
Notwithstanding another provision of law, all fines and assessments imposed by
a magistrate or municipal judge presiding pursuant to this section must be
distributed as if the fine and assessment were imposed by a circuit court
pursuant to Sections
14-1-205
and
14-1-206
. This section must not result in
increased compensation to a magistrate presiding over a trial or hearing
pursuant to this section or in other additional or increased costs to the
county.

S
ECTION 23.
Beginning on July 31, 2027, the Office of Court Administration shall submit an
annual report to the House and Senate Judiciary Committees and to the Judicial
Merit Selection Commission on the number of driving under the influence
violations charged pursuant to Section
56-5-2930
, the number of driving with an
unlawful alcohol concentration violations charged pursuant to Section
56-5-2933
, and the number of felony driving under the influence violations
charged pursuant to Section
56-5-2945
, for the preceding fiscal year. The
report must include the disposition, the circuit in which the disposition
occurred, and the name of the judge presiding over the case.

S
ECTION 24.
S
ection
16-1-60
of the S.C. Code is amended to read:

S
ection
16-1-60
.
(
A)
For purposes of definition under South Carolina law, a
violent crime includes the offenses of: murder (Section
16-3-10
); attempted
murder (Section
16-3-29
); assault and battery by mob, first degree, resulting
in death (Section
16-3-210
(B)), criminal sexual conduct in the first and second
degree (Sections
16-3-652
and
16-3-653
); criminal sexual conduct with minors,
first, second, and third degree (Section
16-3-655
); assault with intent to
commit criminal sexual conduct, first and second degree (Section
16-3-656
);
assault and battery with intent to kill (Section
16-3-620
); assault and
battery of a high and aggravated nature (Section
16-3-600
(B)); kidnapping
(Section
16-3-910
); trafficking in persons (Section
16-3-2020
); voluntary
manslaughter (Section
16-3-50
); armed robbery (Section
16-11-330
(A));
attempted armed robbery (Section
16-11-330
(B)); carjacking (Section
16-3-1075
); drug trafficking as defined in Section
44-53-370
(e) or trafficking
cocaine base as defined in Section
44-53-375
(C); manufacturing or trafficking
methamphetamine as defined in Section
44-53-375
; arson in the first degree
(Section
16-11-110
(A)); arson in the second degree (Section
16-11-110
(B));
burglary in the first degree (Section
16-11-311
); burglary in the second
degree (Section
16-11-312
(B)); engaging a child for a sexual performance
(Section
16-3-810
); homicide by child abuse (Section
16-3-85
(A)(1)); aiding
and abetting homicide by child abuse (Section
16-3-85
(A)(2)); inflicting great
bodily injury upon a child (Section
16-3-95
(A)); allowing great bodily injury
to be inflicted upon a child (Section
16-3-95
(B)); domestic violence of a high
and aggravated nature (Section
16-25-65
); domestic violence in the first
degree (Section
16-25-20
(B)); abuse or neglect of a vulnerable adult resulting
in death (Section
43-35-85
(F)); abuse or neglect of a vulnerable adult
resulting in great bodily injury (Section
43-35-85
(E)); taking of a hostage by
an inmate (Section
24-13-450
); detonating a destructive device upon the
capitol grounds resulting in death with malice (Section
10-11-325
(B)(1));
spousal sexual battery (Section
16-3-615
); producing, directing, or promoting
sexual performance by a child (Section
16-3-820
); sexual exploitation of a
minor first degree (Section
16-15-395
); sexual exploitation of a minor second
degree (Section
16-15-405
); promoting prostitution of a minor (Section
16-15-415
); participating in prostitution of a minor (Section
16-15-425
);
aggravated voyeurism (Section
16-17-470
(C)); detonating a destructive device
resulting in death with malice (Section
16-23-720
(A)(1)); detonating a
destructive device resulting in death without malice (Section
16-23-720
(A)(2)); boating under the influence resulting in death (Section
50-21-113
(A)(2)); vessel operator's failure to render assistance resulting in
death (Section
50-21-130
(A)(3)); damaging an airport facility or removing
equipment resulting in death (Section
55-1-30
(3)); failure to stop when
signaled by a law enforcement vehicle resulting in death (Section
56-5-750
(C)(2)); interference with traffic-control devices, railroad signs, or
signals resulting in death (Section
56-5-1030
(B)(3)); hit and run resulting in
death (Section
56-5-1210
(A)(3)); felony driving under the influence or felony
driving with an unlawful alcohol concentration resulting in death (Section
56-5-2945
(A)
(B)
(2));
putting destructive or injurious materials on a highway resulting in death
(Section
57-7-20
(D)); obstruction of a railroad resulting in death (Section
58-17-4090
); accessory before the fact to commit any of the above offenses
(Section
16-1-40
); and attempt to commit any of the above offenses (Section
16-1-80
). Only those offenses specifically enumerated in this section are
considered violent offenses.

(
B) At the time of sentencing for a
conviction of Section
50-21-113
(A)(2) or Section
56-5-2945
(B)(2), the judge may
suspend the designation of violent offense and must include findings on the
record documenting the departure from Section
16-1-60
(A) for this conviction.
The Department of Corrections may allow the person to participate in work
programs, education, and rehabilitation that he would not otherwise be eligible
for due to the conviction for Section
50-21-113
(A)(2) or Section
56-5-2945
(B)(2). However, the person shall not accumulate credit for time for
his participation. The judge may not order a departure if the person has
additional convictions before the judge that are violent offenses. For a person
serving an active sentence as of the effective date of this subsection, the
person may petition the circuit court where the conviction occurred to remove
the designation of violent offense from his record, provided the victim's
family consents and the only violent offense on his record is Section
50-21-113
(A)(2)
or Section
56-5-2945
(B)(2). The person must petition the court prior to his
release.

S
ECTION 25.
S
ection
22-2-190
of the S.C. Code is amended to read:

S
ection
22-2-190
.
T
he following jury areas for magistrates
courts in the various counties of the State are established:

(
1)
Abbeville County

(
a)
(
1) Abbeville

(
2)
Calhoun Falls

(
3)
Lowndesville

(
4)
Antreville

(
5)
Due West

(
6)
Donalds

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-01-13, and
on copies filed with the Abbeville County magistrates offices, and available on
the Abbeville County website.

(
c) Notwithstanding the provisions of
subitem (a), for the Abbeville County Magistrates Centralized Court:

O
ne
jury area countywide.

(
2)
Aiken County

(
a)
(
1) North Augusta

(
2)
Langley

(
3)
Aiken

(
4)
New Ellenton

(
5)
Wagner/Monetta

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-03-13, and
on copies filed with the Aiken County magistrates offices, and available on the
Aiken County website.

(
c)
Each magistrate's office must be maintained at a place designated by the Aiken
County Legislative Delegation.

(
d) Notwithstanding the provisions of
subitem (a), for the Aiken County Magistrates Centralized Court:

O
ne
jury area countywide.

(
3)
Allendale County

O
ne jury area
countywide.

(
4)
Anderson County

O
ne jury area
countywide.

(
5)
Bamberg County

O
ne jury area
countywide.

(
6)
Barnwell County

(
a)
The boundaries for the magistrates jury areas in Barnwell are defined by the
boundaries of the Barnwell school districts.

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-11-13, and
on copies filed with the Barnwell County magistrates offices, and available on
the Barnwell County website.

(
c) Notwithstanding the provisions of
subitem (a), for the Barnwell County Magistrates Centralized Court:

O
ne
jury area countywide.

(
7)
Beaufort County

(
a)
(
1) Sheldon

(
2)
Bluffton

(
3)
Daufuskie

(
4)
Hilton Head

(
5)
Beaufort

(
6)
St. Helena

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-13-13, and
on copies filed with the Beaufort County magistrates offices, and available on
the Beaufort County website.

(
c) Notwithstanding the provisions of
subitem (a), for the Beaufort County Magistrates Centralized Court:

O
ne
jury area countywide.

(
8)
Berkeley County

(
a)
(
1) Goose Creek

(
2)
Jamestown

(
3)
St. Stephen

(
4)
Moncks Corner

(
5)
Summerville

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-15-13, and
on copies filed with the Berkeley County magistrates offices, and available on
the Berkeley County website.

(
c) Notwithstanding the provisions of
subitem (a), for the Berkeley County Magistrates Centralized Court:

O
ne
jury area countywide.

(
9)
Calhoun County

O
ne jury area
countywide.

(
10)
Charleston County

(
a)
(
1) Jury Area No. 1: St. Paul's/Edisto

(
2)
Jury Area No. 2: West Ashley

(
3)
Jury Area No. 3: Charleston

(
4)
Jury Area No. 4: North Charleston

(
5)
Jury Area No. 5: Mount Pleasant

(
6)
Jury Area No. 6: St. Andrews

(
7)
Jury Area No. 7: McClellanville

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-19-13, and
on copies filed with the Charleston County magistrates offices, and available
on the Charleston County website.

(
c)
Notwithstanding any other provision of law, magistrates in Charleston County
shall reside in the following jury areas:

(
1)
Three magistrates shall reside in Jury Area No. 1, one of whom shall reside on
Edisto Island.

(
2)
Three magistrates shall reside in Jury Area No. 2, one of whom shall reside on
each of the following islands: Johns Island, James Island and Wadmalaw Island.

(
3)
Two magistrates shall reside in Jury Area No. 3.

(
4)
Three magistrates shall reside in Jury Area No. 4.

(
5)
One magistrate shall reside in Jury Area No. 5.

(
6)
One magistrate shall reside in Jury Area No. 6.

(
7)
One magistrate shall reside in Jury Area No. 7.

(
d)
The magistrate system in Charleston County must be so organized in order to
provide for centralized magistrates courts for the purpose of facilitating and
expediting civil and criminal matters as hereinafter provided:

(
1)
The centralized magistrates courts have concurrent jurisdiction for civil and
criminal matters with the existing magistrates of Charleston County. Plaintiffs
in civil matters have the right to commence a case in either a central
magistrates court or in a magistrates court within a defined jury area. The
defendant in a magisterial civil matter may remove the case either from a
central magistrates court to the defined jury area in which the defendant
resides or the defendant may remove the case from the defined jury area in
which he resides to a central magistrates court. This removal must be by
notification to the court of origin and no cause for removal must be shown.

(
2)
The centralized magistrates courts have jurisdiction over any type or form of
civil or criminal matter, including any procedural or substantive matter or
preliminary hearing or examination or bond or bail hearing or any other
criminal proceeding.

(
3)
The fees and charges for the central magistrates courts are the same as those
prevailing in all magistrates courts whether central or in a defined jury area.

(
4)
Upon the effective date of this paragraph a central magistrates court must be
established in the City of Charleston.

(
5)
Six months after the effective date of this paragraph a central magistrates
court must be established in the City of North Charleston. However, if the
central magistrates court in the City of North Charleston is not funded and
established as required by this subsubitem, then the central magistrates court
in the City of Charleston established pursuant to subsubitem (4) must cease to
exist until the time the central magistrates court in the City of North
Charleston is so funded and established.

(
6)
A third central magistrates court must be established at the time and in the
location which a majority of the members of the General Assembly residing in
Charleston County determines. In addition to those magistrates assigned to the
seven jury areas, there must be appointed one magistrate from the county at
large without regard to residence in a particular jury area who must serve as
the magistrate of the central magistrates court in the City of Charleston. Six
months after the effective date of this paragraph a second magistrate must be
appointed from the county at large without regard to residence in a particular
jury area who must serve as the magistrate of the central magistrates court in
the City of North Charleston. A third magistrate also must be appointed at the
time as provided in this subsubitem from the county at large without regard to
residence in a particular jury area who, when appointed, must serve as the
magistrate of the central magistrates court established pursuant to this
subsubitem.

(
e) Notwithstanding the provisions of
subitem (a), for the Charleston County Magistrates Centralized Court:

O
ne
jury area countywide.

(
11)
Cherokee County

O
ne jury area
countywide.

(
12)
Chester County

(
a)
(
1) Baton Rouge

(
2)
Chester

(
3)
Fort Lawn

(
4)
Great Falls

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-23-13, and
on copies filed with the Chester County magistrates offices, and available on
the Chester County website.

(
c) Notwithstanding the provisions of
subitem (a), the Chester County Magistrates Centralized Court:

O
ne
jury area countywide.

(
13)
Chesterfield County

O
ne jury area
countywide.

(
14)
Clarendon County

O
ne jury area
countywide.

(
15)
Colleton County

O
ne jury area
countywide.

(
16)
Darlington County

(
a)
(
1) Society Hill

(
2)
Darlington

(
3)
Lamar

(
4)
Lydia

(
5)
Hartsville.

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-31-13, and
on copies filed with the Darlington County magistrates offices, and available
on the Darlington County website.

(
c) Notwithstanding the provisions of
subitem (a), the Darlington County Magistrates Centralized Court:

O
ne
jury area countywide.

(
17)
Dillon County

(
a)
(
1) Hamer

(
2)
Dillon

(
3)
Lake View

(
4)
Latta

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-33-13, and
on copies filed with the Dillon County magistrates offices, and available on
the Dillon County website.

(
c) Notwithstanding the provisions of
subitem (a), the Dillon County Magistrates Centralized Court:

O
ne
jury area countywide.

(
18)
Dorchester County

(
a)
(
1) St. George

(
2)
Summerville

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-35-13, and
on copies filed with the Dorchester County magistrates offices, and available
on the Dorchester County website.

(
c) Criminal cases and traffic offenses
shall be tried in the jury area where the offense was committed,
notwithstanding the creation of any uniform court for the trial of certain
offenses.

(
c) Notwithstanding the provisions of
subitem (a), the Dorchester County Magistrates Centralized Court:

O
ne
jury area countywide.

(
19)
Edgefield County

O
ne jury area
countywide.

(
20)
Fairfield County

O
ne jury area
countywide.

(
21)
Florence County

(
a)
(
1) Florence

(
2)
Timmonsville

(
3)
Evergreen

(
4)
Olanta

(
5)
Coward

(
6)
Pamplico

(
7)
Lake City

(
8)
Hannah

(
9)
Johnsonville

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-41-13, and
on copies filed with the Florence County magistrates offices, and available on
the Florence County website.

(
c) Notwithstanding the provisions of
subitem (a), the Florence County Magistrates Centralized Court:

O
ne
jury area countywide.

(
22)
Georgetown County

(
a)
(
1) Andrews

(
2)
Georgetown

(
3)
Pleasant Hill

(
4)
Pawleys Island

(
5)
Murrells Inlet

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-43-13, and
on copies filed with the Georgetown County magistrates offices, and available
on the Georgetown County website.

(
c) Notwithstanding the provisions of
subitem (a), the Georgetown County Magistrates Centralized Court:

O
ne
jury area countywide.

(
23)
Greenville County

(
a)
(
1) Tigerville

(
2)
Greenville

(
3)
Taylors

(
4)
Simpsonville

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-45-13, and
on copies filed with the Greenville County magistrates offices, and available
on the Greenville County website.

(
c) Notwithstanding the provisions of
subitem (a), the Greenville County Magistrates Centralized Court:

O
ne
jury area countywide.

(
24)
Greenwood County

O
ne jury area
countywide.

(
25)
Hampton County

(
a)
(
1) North

(
2)
South

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-49-13, and
on copies filed with the Hampton County magistrates offices, and available on
the Hampton County website.

(
c) Notwithstanding the provisions of
subitem (a), the Hampton County Magistrates Centralized Court:

O
ne
jury area countywide.

(
26)
Horry County

(
a)
(
1) Aynor

(
2)
Conway

(
3)
Myrtle Beach

(
4)
Little River

(
5)
Simpson Creek

(
6)
Bayboro

(
7)
Green Sea

(
8)
Floyd

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-51-13, and
on copies filed with the Horry County magistrates offices, and available on the
Horry County website.

(
c) Notwithstanding the provisions of
subitem (a), the Horry County Magistrates Centralized Court:

O
ne
jury area countywide.

(
27)
Jasper County

O
ne jury area
countywide.

(
28)
Kershaw County

O
ne jury area
countywide.

(
29)
Lancaster County

O
ne jury area
countywide.

(
30)
Laurens County

O
ne jury area
countywide.

(
31)
Lee County

(
a)
(
1) No. 1-Lucknow

(
2)
No. 2-Stokes Bridge

(
3) No. 3-Cypress

(
4) No. 4-Bishopville

(
5) No. 5-Ionia

(
6) No. 6-Spring Hill

(
7)
No. 7-Ashwood

(
8)
No. 8-St. Charles

(
9)
No. 9-Lynchburg

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-61-13, and
on copies filed with the Lee County magistrates offices, and available on the
Lee County website.

(
c) Notwithstanding the provisions of
subitem (a), the Lee County Magistrates Centralized Court:

O
ne
jury area countywide.

(
32)
Lexington County

(
a)
(
1) Irmo/Chapin

(
2)
Lexington

(
3)
Cayce/West Columbia

(
4)
South Congaree

(
5)
Bateburg/Leesville

(
6)
Swansea

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-63-13, and
on copies filed with the Lexington County magistrates offices, and available on
the Lexington County website.

(
c) Notwithstanding the provisions of
subitem (a), the Lexington County Magistrates Centralized Court:

O
ne
jury area countywide.

(
33)
Marion County

(
a)
(
1) Marion

(
2)
Mullins

(
3)
Nichols

(
4)
Legette

(
5)
Britton's Neck

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-67-13, and
on copies filed with the Marion County magistrates offices, and available on
the Marion County website.

(
c) Notwithstanding the provisions of
subitem (a), the Marion County Magistrates Centralized Court:

O
ne
jury area countywide.

(
34)
Marlboro County

(
a)
(
1) Bennettsville

(
2)
McColl

(
3)
Clio

(
4)
Brownsville

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-69-13, and
on copies filed with the Marlboro County magistrates offices, and available on
the Marlboro County website.

(
c) Notwithstanding the provisions of
subitem (a), the Marlboro County Magistrates Centralized Court:

O
ne
jury area countywide.

(
35)
McCormick County

O
ne jury area
countywide.

(
36)
Newberry County

O
ne jury area
countywide.

(
37)
Oconee County

O
ne jury area
countywide.

(
38)
Orangeburg County

(
a)
(
1) West

(
2)
Central

(
3)
East

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-75-13, and
on copies filed with the Orangeburg County magistrates offices, and available
on the Orangeburg County website.

(
c) Notwithstanding the provisions of
subitem (a), the Orangeburg County Magistrates Centralized Court:

O
ne
jury area countywide.

(
39)
Pickens County

O
ne jury area
countywide.

(
40)
Richland County

(
a)
(
1) Blythewood

(
2)
Columbia

(
3)
Dentsville

(
4)
Dutch Fork

(
5)
Eastover

(
6)
Hopkins

(
7)
Lykesland

(
8)
Olympia

(
9)
Pontiac

(
10)
Upper Township

(
11)
Waverly

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Revenue and Fiscal Affairs Office
designated as document M-79-12, and on copies filed with the Richland County
Department of Planning and Development Services, and available on the Richland
County website.

(
c)
Notwithstanding the provisions of subitem (a), for the Richland County
Magistrates Centralized Court:

O
ne jury area
countywide.

(
41)
Saluda County

O
ne jury area
countywide.

(
42)
Spartanburg County

O
ne jury area
countywide.

(
43)
Sumter County

O
ne jury area
countywide.

(
44)
Union County

(
a)
(
1) Jonesville

(
2)
Pinckney

(
3)
Bogansville

(
4)
Union

(
5)
Santuc

(
6)
Cross Keys

(
7)
Goshen Hill

(
8)
Fishdam

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-87-13, and
on copies filed with the Union County magistrates offices, and available on the
Union County website.

(
c) Notwithstanding the provisions of
subitem (a), the Union County Magistrates Centralized Court:

O
ne
jury area countywide.

(
45)
Williamsburg County

(
a)
(
1) Kingstree

(
2)
Hemingway

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Office of Research and Statistics of
the South Carolina Budget and Control Board designated as document M-89-13, and
on copies filed with the Williamsburg County magistrates offices, and available
on the Williamsburg County website.

(
c) Notwithstanding the provisions of
subitem (a), the Williamsburg County Magistrates Centralized Court:

O
ne
jury area countywide.

(
46)
York County

(
a)
(
1) Clover

(
2)
Fort Mill

(
3)
Rock Hill

(
4)
Western York County

(
5)
York

(
b)
The lines defining the magistrates jury areas provided in subitem (a) are as
shown on the official map on file with the Revenue and Fiscal Affairs Office
designated as document M-91-12, and on copies filed with the York County
Management Information Systems Department, and available on the York County
website.

(
c)
Notwithstanding the provisions of subitem (a), for the York County Centralized
DUI Court:

O
ne jury area
countywide.

S
ECTION 26. The
Department of Insurance shall conduct a study on the feasibility of the
creation of a product that would introduce an "impaired driver accountability
bond" to the insurance market. This bond would be in addition to the required
SR-22 insurance in Section
38-77-140
and would require all drivers who are
convicted of a second or subsequent offense violation of Section
56-5-2930
or
Section
56-5-2933
to maintain the bond for a period of three years. The
Department must issue a report of their findings to the Senate, the House of
Representatives, and the Governor by December 31, 2026.

S
ECTION 27. The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide. After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.

S
ECTION 28. If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.

S
ECTION 29. This act takes effect upon approval
by the Governor, except for SECTIONS 6, 8, 9, 10, 11, 13, 16, and 17, which
take effect on December 31, 2026.

----XX----

This web page was last updated on May 8, 2026 at 1:21 PM