Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State has the right to compulsory process for obtaining witnesses, documents, or both, including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article. This process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The term "documents" includes, but is not limited to, a copy of the computer software program of breath testing devices. SLED must produce all breath testing software in a manner that complies with any and all licensing agreements. This section does not limit a person's ability to obtain breath testing software directly from the manufacturer or distributor.

HISTORY: 2000 Act No. 390, Section 9; 2003 Act No. 61, Section 15; 2008 Act No. 201, Section 6, eff February 10, 2009.

Effect of Amendment

The 2008 amendment, in the first undesignated paragraph, substituted the fourth and fifth sentences relating to breath testing software for the fourth sentence relating to attendance of employees responsible for maintaining breath testing devices at administrative hearings; and deleted the second undesignated paragraph requiring the arresting officer to give notice of hearings to defendants refusing a breath test and provide them with the appropriate form to request such hearings.