South Carolina § 17-22-50 - Persons not to be considered for intervention.

§ 17-22-50. Persons not to be considered for intervention.

(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;

(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.

HISTORY: 1980 Act No. 360, SECTION 6; 1982 Act No. 421, SECTION 1; 1985 Act No. 106, SECTION 1; 1992 Act No. 453, SECTION 3; 1992 Act No. 499, SECTION 3; 2003 Act No. 92, SECTION 4, eff January 1, 2004; 2008 Act No. 201, SECTION 17, eff at 12:00 p.m. on February 10, 2009.

Code Commissioner's Note

In 2014, at the direction of the Code Commissioner, in subsection (A)(2)(d), the reference to Section 50-9-1020 was changed to Section 50-9-1120, to correct a typographical error.