A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-2930, RELATING TO OPERATING A MOTOR VEHICLE WHILE UNDER INFLUENCE OF ALCOHOL OR DRUGS SO AS TO PREVENT THE PRACTICE OF PLEADING VIOLATIONS OF SECTION 56-5-2930 TO A LOWER PENALTY UNDER THE GUISE OF PLEADING TO A LESSER INCLUDED OFFENSE; AND BY AMENDING SECTION 56-5-2933, RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION SO AS TO PREVENT THE PRACTICE OF PLEADING VIOLATIONS OF SECTION 56-5-2933 TO A LOWER PENALTY UNDER THE GUISE OF PLEADING TO A LESSER INCLUDED OFFENSE.

 

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

 

SECTION 1.  Section 56-5-2930 of the S.C. Code is amended by adding:

 

(M) A violation of subsection (A) is a single, stand-alone offense. Subsections (A)(1), (2), (3), and (4) do not constitute different degrees of the offense of driving a motor vehicle within this State while under the influence of alcohol in violation of subsection (A) nor do they constitute lesser included offenses of a violation of subsection (A). Consequently, there can be no plea agreement. A person charged with a violation of subsection (A) must be punished based upon the number of times that he has been previously convicted, plead guilty or nolo contendere, or forfeited bail to a violation of subsection (A) during the prescribed time period and subject to the person's alcohol concentration.

 

SECTION 2.  Section 56-5-2933 of the S.C. Code is amended by adding:

 

(M) A violation of subsection (A) is a single, stand-alone offense. Subsections (A)(1), (2), (3), and (4) do not constitute different degrees of the offense of driving a motor vehicle within this State while the driver's alcohol concentration is eight one-hundredths of one percent or more in violation of subsection (A) nor do they constitute lesser included offenses of a violation of subsection (A). Consequently, there can be no plea agreement. A person charged with a violation of subsection (A) must be punished based upon the number of times that he has been previously convicted, plead guilty or nolo contendere, or forfeited bail to a violation of subsection (A) during the prescribed time period and subject to the person's alcohol concentration.

 

SECTION 3.  This act takes effect upon approval by the Governor.

----XX----