Bill Text: SC H3072 | 2019-2020 | 123rd General Assembly | Comm Sub

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Bill Title: Pretrial Intervention

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2019-02-19 - Referred to Committee on Judiciary [H3072 Detail]

Download: South_Carolina-2019-H3072-Comm_Sub.html

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COMMITTEE REPORT

February 13, 2019

H. 3072

Introduced by Reps. Murphy and Hosey

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

Read the first time January 8, 2019.

            

THE COMMITTEE ON JUDICIARY

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

REPORT:

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

PETER M. MCCOY, JR. for Committee.

            

A BILL

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

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

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

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

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

(2)    the person is charged with:

(a)    blackmail;

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

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

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

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

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

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

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

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