H 4338 Session 110 (1993-1994)
H 4338 General Bill, By L.M. Martin, R.S. Corning, Davenport, Meacham and
Walker
A Bill to amend Section 44-53-370, as amended, Code of Laws of South Carolina,
1976, relating to trafficking in cocaine, so as to provide for a mandatory
minimum term of imprisonment without parole, work release, or supervised
furlough; and to amend Section 44-53-375, as amended, relating to possession,
sale, manufacture, and distribution of ice, crank, or crack cocaine, so as to
provide for a mandatory minimum term of imprisonment without parole, work
release, or supervised furlough, to define prior convictions for purposes of
sentencing, and to provide the punishment for conspiracy to violate this
Section.
12/01/93 House Prefiled
12/01/93 House Referred to Committee on Judiciary
01/11/94 House Introduced and read first time HJ-23
01/11/94 House Referred to Committee on Judiciary HJ-23
A BILL
TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO TRAFFICKING IN
COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM
TERM OF IMPRISONMENT WITHOUT PAROLE, WORK
RELEASE, OR SUPERVISED FURLOUGH; AND TO AMEND
SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION,
SALE, MANUFACTURE, AND DISTRIBUTION OF ICE, CRANK,
OR CRACK COCAINE, SO AS TO PROVIDE FOR A MANDATORY
MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE,
WORK RELEASE, OR SUPERVISED FURLOUGH, TO DEFINE
PRIOR CONVICTIONS FOR PURPOSES OF SENTENCING, AND
TO PROVIDE THE PUNISHMENT FOR CONSPIRACY TO
VIOLATE THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The last three paragraphs of Section 44-53-370(e) of the
1976 Code, as last amended by Act 184 of 1993, are further amended to
read:
"Sentences for a violation of the provisions of this
subsection may not be suspended and probation may not be granted.
A person convicted and sentenced under this subsection to a
mandatory minimum term of imprisonment of twenty-five years or a
mandatory term of twenty-five years or more is not eligible for parole,
extended work release, as provided for in Section 24-13-610, or
supervised furlough, as provided for in Section 24-13-710.
Notwithstanding Section 44-53-420, any a person
convicted of conspiracy pursuant to this subsection must be sentenced
as provided herein in this section with a full sentence or
punishment and not one-half of the sentence or punishment prescribed
for the offense.
The weight of any controlled substance in this subsection includes the
substance in pure form or any compound or mixture of the substance.
The offense of possession with intent to distribute described in
Section 44-53-370(a) is a lesser included offense to the offenses of
trafficking based upon possession described in this subsection."
SECTION 2. Section 44-53-375 of the 1976 Code, as last amended by
Act 184 of 1993, is further amended to read:
"Section 44-53-375. (A) A person possessing or attempting
to possess less than one gram of ice, crank, or crack cocaine, as defined
in Section 44-53-110,:
(1) for a first offense, is guilty of a felony and,
upon conviction for a first offense, must be imprisoned not more
than five years and fined not less than five thousand dollars. For a first
offense the court, upon approval of the solicitor, may require as part of
a sentence, that the offender enter and successfully complete a drug
treatment and rehabilitation program.;
(2) for a second offense or if, in the case of a first
conviction of a violation of this section, the offender has been convicted
of any of the laws of the United States or of any state, territory, or
district relating to narcotic drugs, marijuana, depressant, stimulant, or
hallucinogenic drugs, the offender is guilty of a felony and, upon
conviction, must be imprisoned not more than ten years and fined not
less than ten thousand dollars.;
(3) for a third or subsequent offense or if, in the case
of a first conviction of a violation of this section, the offender has been
convicted of any of the laws of the United States or of any state,
territory, or district relating to narcotic drugs, marijuana, depressant,
stimulant, or hallucinogenic drugs, the offender is guilty of a felony
and, upon conviction, must be imprisoned not less than ten years
nor more than fifteen years and fined not less than fifteen thousand
dollars.
(B) A person who manufactures, distributes, dispenses, delivers,
purchases, or otherwise aids, abets, attempts, or conspires to
manufacture, distribute, dispense, deliver, or purchase, or possesses with
intent to distribute, dispense, or deliver ice, crank, or crack cocaine, in
violation of the provisions of Section 44-53-370, is guilty of a felony
and, upon conviction:
(1) for a first offense, must be sentenced to a term of
imprisonment of not more than fifteen years and fined not less than
twenty-five thousand dollars;
(2) for a second offense or if, in the case of a first conviction of
a violation of this section, the offender has been convicted of any of the
laws of the United States or of any state, territory, or district relating to
narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic
drugs, the offender must be imprisoned for not more than twenty-five
years and fined not less than fifty thousand dollars;
(3) for a third or subsequent offense or if the offender has been
convicted two or more times in the aggregate of any violation of the
laws of the United States or of any state, territory, or district relating to
narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic
drugs, the offender must be imprisoned for not more than thirty years
and fined not less than one hundred thousand dollars.
Possession of one or more grams of ice, crank, or crack cocaine is
prima facie evidence of a violation of this subsection.
(C) A person who knowingly sells, manufactures, delivers,
purchases, or brings into this State, or who provides financial assistance
or otherwise aids, abets, attempts, or conspires to sell, manufacture,
deliver, purchase, or bring into this State, or who is knowingly in actual
or constructive possession or who knowingly attempts to become in
actual or constructive possession of ten grams or more of ice, crank, or
crack cocaine, as defined and otherwise limited in Sections 44-53-110,
44-53-210(b)(4), 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a
felony which is known as `trafficking in ice, crank, or crack cocaine'
and, upon conviction, must be punished as follows if the quantity
involved is:
(1) ten grams or more, but less than twenty-eight grams:
(a) for a first offense, a term of imprisonment of not less than
three years nor more than ten years, no part of which may be suspended
nor probation granted, and a fine of twenty-five thousand dollars;
(b) for a second offense or if, in the case of a first
conviction of a violation of this section, the offender has been convicted
of any of the laws of the United States or of any state, territory, or
district relating to narcotic drugs, marijuana, depressant, stimulant, or
hallucinogenic drugs, a term of imprisonment of not less than five
years nor more than thirty years, no part of which may be suspended nor
probation granted, and a fine of fifty thousand dollars;
(c) for a third or subsequent offense or if, in the case of a
first conviction of a violation of this section, the offender has been
convicted of any of the laws of the United States or of any state,
territory, or district relating to narcotic drugs, marijuana, depressant,
stimulant, or hallucinogenic drugs, a mandatory minimum term of
imprisonment of not less than twenty-five years nor more than thirty
years, no part of which may be suspended nor probation granted, and a
fine of fifty thousand dollars;
(2) twenty-eight grams or more, but less than one hundred grams:
(a) for a first offense, a term of imprisonment of not less than
seven years nor more than twenty-five years, no part of which may be
suspended nor probation granted, and a fine of fifty thousand dollars;
(b) for a second offense or if, in the case of a first
conviction of a violation of this section, the offender has been convicted
of any of the laws of the United States or of any state, territory, or
district relating to narcotic drugs, marijuana, depressant, stimulant, or
hallucinogenic drugs, a term of imprisonment of not less than seven
years nor more than thirty years, no part of which may be suspended nor
probation granted, and a fine of fifty thousand dollars;
(c) for a third or subsequent offense or if, in the case of a
first conviction of a violation of this section, the offender has been
convicted of any of the laws of the United States or of any state,
territory, or district relating to narcotic drugs, marijuana, depressant,
stimulant, or hallucinogenic drugs, a mandatory minimum term of
imprisonment of not less than twenty-five years and not more than thirty
years, no part of which may be suspended nor probation granted, and a
fine of fifty thousand dollars;
(3) one hundred grams or more, but less than two hundred grams,
a mandatory term of imprisonment of twenty-five years, no part of which
may be suspended nor probation granted, and a fine of fifty thousand
dollars;
(4) two hundred grams or more, but less than four hundred grams,
a mandatory term of imprisonment of twenty-five years, no part of which
may be suspended nor probation granted, and a fine of one hundred
thousand dollars;
(5) four hundred grams or more, a term of imprisonment of not
less than twenty-five years nor more than thirty years with a mandatory
minimum term of imprisonment of twenty-five years, no part of which
may be suspended nor probation granted, and a fine of two hundred
thousand dollars.
(D) Except for a first offense, as provided in subsection (A) of
this section, sentences for violation of the provisions of this section may
not be suspended and probation may not be granted. A person
convicted and sentenced under this section to a mandatory minimum
term of imprisonment of twenty-five years or a mandatory term of
twenty-five years or more is not eligible for parole, extended work
release, as provided for in Section 24-13-610, or supervised furlough, as
provided for in Section 24-13-710.
Notwithstanding Section 44-53-420, a person convicted of conspiracy
pursuant to this subsection must be sentenced as provided in this section
with a full sentence or punishment and not one-half of the sentence or
punishment prescribed for the offense."
SECTION 3. This act takes effect upon approval by the Governor.
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