View Amendment Current Amendment: JUD0245.006.DOCX to Bill 245     Senator MALLOY proposed the following amendment (JUD0245.006):
    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

    /         SECTION     1.     Section 44-53-370(e)(3) of the 1976 Code is amended to read:
    "(3)     four grams or more of any morphine, opium, salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 44-53-190 or 44-53-210 controlled substance classified in Schedule I (b) and (c) which is a narcotic drug and in Schedule II which is a narcotic drug, not otherwise specifically provided for in Subsection 44-53-370(e), or four grams or more of any mixture containing any of these substances, is guilty of a felony which is known as 'trafficking in illegal drugs' and, upon conviction, must be punished as follows if the quantity involved is:
            (a)     four grams or more, but less than fourteen grams:
                1.     for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five twenty years, no part of which may be suspended nor probation granted, and or a fine of not more than fifty thousand dollars, or both;
                2.     for a second or subsequent offense, a mandatory minimum term of imprisonment of not more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;
            (b)     fourteen grams or more but less than twenty-eight grams, a mandatory term of imprisonment of not more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of two one hundred thousand dollars, or both;
            (c)     twenty-eight grams or more, a mandatory term of imprisonment of not less than twenty-five years nor more than forty years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars, or both;"

SECTION     2.     The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION     3.     This act takes effect upon approval by the Governor.

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    Renumber sections to conform.
    Amend title to conform.