(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.
South Carolina Legal Code