TO AMEND SECTION 24-21-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS OF PROBATION, SO AS TO PROVIDE A TEST FOR THE PRESENCE OF MARIJUANA MAY NOT BE PERFORMED DURING A URINALYSIS OR BLOOD TEST PERFORMED ON A PROBATIONER.

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

SECTION    1.    The fourth unnumbered paragraph of Section 24-21-430 of the 1976 Code is amended to read:

    "The probationer shall:

        (1)    refrain from the violations of any state or federal penal laws;

        (2)    avoid injurious or vicious habits;

        (3)    avoid persons or places of disreputable or harmful character;

        (4)    permit the probation agent to visit at his home or elsewhere;

        (5)    work faithfully at suitable employment as far as possible;

        (6)    pay a fine in one or several sums as directed by the court;

        (7)    perform public service work as directed by the court;

        (8)    submit to a urinalysis, or a blood test, or both upon request of the probation agent. However, a test for the presence of marijuana may not be performed during a urinalysis or blood test;

        (9)    submit to curfew restrictions;

        (10)    submit to house arrest which is confinement in a residence for a period of twenty-four hours a day, with only those exceptions as the court may expressly grant in its discretion;

        (11)    submit to intensive surveillance which may include surveillance by electronic means;

        (12)    support his dependents; and

        (13)    follow the probation agent's instructions and advice regarding recreational and social activities."

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