H 4350 Session 110 (1993-1994)
H 4350 General Bill, By Wilkins, M.O. Alexander, Alexander, Allison, Askins,
J.J. Bailey, J.M. Baxley, D.W. Beatty, Breeland, H. Brown, Carnell, Cato,
C.D. Chamblee, H.H. Clyborne, Cooper, R.S. Corning, J.L.M. Cromer, Davenport,
Delleney, L.L. Elliott, Fair, T.L. Farr, J.G. Felder, R.C. Fulmer, Gamble,
S.E. Gonzales, L.O. Graham, H.M. Hallman, Harrell, P.B. Harris, Harrison,
Harvin, B.H. Harwell, Haskins, J. Hines, J.H. Hodges, T.E. Huff, H.G. Hutson,
Inabinett, M.F. Jaskwhich, Jennings, Keegan, Kelley, M.H. Kinon, Kirsh, Klauber,
Koon, Lanford, Law, Littlejohn, C.V. Marchbanks, L.M. Martin, J.G. Mattos,
J.G. McAbee, McCraw, McKay, D.E. McTeer, Meacham, Neilson, Phillips, Quinn,
Richardson, Riser, Robinson, Scott, Sharpe, J.S. Shissias, Simrill, R. Smith,
D. Smith, J.J. Snow, Spearman, Stille, C.H. Stone, Stuart, P.H. Thomas, Trotter,
J.W. Tucker, Vaughn, C.Y. Waites, D.C. Waldrop, Walker, L.S. Whipper, Wilder,
J.B. Wilder, Wilkes, Witherspoon, D.A. Wright, Young-Brickell and R.M. Young
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; 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 and to define prior convictions for purposes
of sentencing; and to amend Section 16-1-60, as amended, relating to the list
of violent crimes, so as to add trafficking in crack cocaine.
12/01/93 House Prefiled
12/01/93 House Referred to Committee on Medical, Military,
Public and Municipal Affairs
01/11/94 House Introduced and read first time HJ-26
01/11/94 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-27
01/19/94 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-14
01/26/94 House Debate adjourned until Thursday January 27, 1994 HJ-29
01/27/94 House Debate adjourned until Tuesday, February 1, 1994 HJ-14
02/01/94 House Debate adjourned until Wednesday, February 2,
1994 HJ-15
02/03/94 House Amended HJ-13
02/03/94 House Read second time HJ-21
02/03/94 House Unanimous consent for third reading on next
legislative day HJ-21
02/04/94 House Read third time and sent to Senate HJ-9
02/08/94 Senate Introduced and read first time SJ-9
02/08/94 Senate Referred to Committee on Judiciary SJ-9
Indicates Matter Stricken
Indicates New Matter
AMENDED
February 3, 1994
H. 4350
Introduced by REPS. Wilkins, M.O. Alexander, T.C. Alexander,
Allison, Askins, J. Bailey, Baxley, Beatty, H. Brown, Carnell, Cato,
Chamblee, Clyborne, Cooper, Cromer, Delleney, Elliott, Farr, Felder,
Fulmer, Gamble, Gonzales, Graham, Hallman, P. Harris, Harrison,
Harvin, Harwell, Haskins, Hines, Hodges, Hutson, Jennings, Keegan,
Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks,
Martin, Mattos, McAbee, McCraw, McKay, McTeer, Meacham,
Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias,
Simrill, R. Smith, D. Smith, Snow, Spearman, Stille, Stone, Stuart,
Thomas, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Whipper,
D. Wilder, Wilkes, Witherspoon, Wright, A. Young, R. Young, Huff,
Corning, Fair, Kelley, Davenport, Jaskwhich, Inabinett, Sharpe, J.
Wilder, Harrell and Breeland
S. Printed 2/3/94--H.
Read the first time January 11, 1994.
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; 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 AND TO
DEFINE PRIOR CONVICTIONS FOR PURPOSES OF
SENTENCING; AND TO AMEND SECTION 16-1-60, AS
AMENDED, RELATING TO THE LIST OF VIOLENT CRIMES, SO
AS TO ADD TRAFFICKING IN CRACK COCAINE.
Amend Title To Conform
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 the offender
has been convicted two or more times in the aggregate 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 a mandatory minimum
term of not less than one year and 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 a mandatory minimum
term of not less than five years and 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 mandatory minimum 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 mandatory minimum 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 the offender has
been convicted two or more times in the aggregate 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 mandatory minimum 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 mandatory minimum 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 the offender has
been convicted two or more times in the aggregate 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. Section 16-1-60 of the 1976 Code, as last amended by
Act 184 of 1993, is further amended to read:
"Section 16-1-60. (A) For purposes of definition under South
Carolina law a violent crime includes the offenses of murder (Section
16-3-10); criminal sexual conduct in the first and second degree
(Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors
(Section 16-3-655); assault with intent to commit criminal sexual
conduct (Section 16-3-656); assault and battery with intent to kill
(Section 16-3-620); kidnapping (Section 16-3-910); voluntary
manslaughter (Section 16-3-50); armed robbery (Section 16-11-330);
drug trafficking as defined in Section Sections
44-53-370(e) and 44-53-375(C); arson in the first degree
(Section 16-11-310(A)); burglary in the first degree (Section
16-11-311); and burglary in the second degree (Section 16-11-312(B)).
(B) For a person to be considered guilty of a violent crime, the
offense must be defined as a violent crime pursuant to subsection (A) at
the time of the commission of the crime."
SECTION 4. A. Section 44-53-370(e)(1)(a)1. of the 1976 Code is
amended to read:
"1. for a first offense, a mandatory minimum term of
imprisonment of not less than one year nor more than ten years, no part
of which may be suspended nor probation granted, and a fine of ten
thousand dollars;"
B. Section 44-53-370(e)(1)(a)2. of the 1976 Code is amended to
read:
"2. for a second offense, a mandatory minimum term
of imprisonment of not less than five years nor more than twenty years,
no part of which may be suspended nor probation granted, and a fine of
fifteen thousand dollars;"
C. Section 44-53-370(e)(2)(a)1. of the 1976 Code is amended to
read:
"1. for a first offense, a mandatory minimum 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;"
D. Section 44-53-370(e)(2)(a)2. of the 1976 Code is amended to
read:
"2. for a second offense, a mandatory minimum 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;"
E. Section 44-53-370(e)(2)(b)1. of the 1976 Code is amended to
read:
"1. for a first offense, a mandatory minimum 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;"
F. Section 44-53-370(e)(2)(b)2. of the 1976 Code is amended to
read:
"2. for a second offense, a mandatory minimum 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;"
G. Section 44-53-370(e)(3)(a)1. of the 1976 Code is amended to
read:
"1. for a first offense, a mandatory minimum 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;"
H. Section 44-53-370(e)(4)(a)1. of the 1976 Code is amended to
read:
"1. for a first offense, a mandatory minimum term of
imprisonment of not less than one year nor more than ten years, no part
of which may be suspended nor probation granted, and a fine of ten
thousand dollars;"
I. Section 44-53-370(e)(5)(a)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum 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 thousand dollars;"
J. Section 44-53-370(e)(5)(a)2. of the 1976 Code is amended to read:
"2. for a second offense, a mandatory minimum term
of imprisonment of not less than five years nor more than thirty years,
no part of which may be suspended or probation granted, and a fine of
forty thousand dollars;"
K. Section 44-53-370(e)(5)(b)1. of the 1976 Code is amended to
read:
"1. for a first offense, a mandatory minimum term of
imprisonment of not less than seven years not more than twenty-five
years, no part of which may be suspended nor probation granted, and a
fine of fifty thousand dollars;"
L. Section 44-53-370(e)(5)(b)2. of the 1976 Code is amended to
read:
"2. for a second offense, a mandatory minimum 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;"
SECTION 5. Section 24-13-40 of the 1976 Code is amended to read:
"Section 24-13-40. The computation of the time served by
prisoners under sentences imposed by the courts of this State
shall must be reckoned from the date of the imposition
of the sentence. But when (a)(1) a prisoner shall
have has given notice of intention to appeal,
(b)(2) the commencement of the service of the sentence
follows the revocation of probation, or (c)(3)
the court shall have has designated a specific time for
the commencement of the service of the sentence, the computation of the
time served shall must be reckoned from the date of the
commencement of the service of the sentence. In every case in
computing the time served by a prisoner, full credit against the sentence
shall must be given for time served prior to
before trial and sentencing. The sheriff of the county, the
person in charge of the jail, or the jailer in the municipality must provide
this information to the Department of Corrections and the Department
of Probation, Parole and Pardon Services. Provided, however,
that Credit for time served prior to before trial and
sentencing shall must not be given: (1) when the
prisoner, at the time he was imprisoned prior to
before trial, was an escapee from another penal
institution;. or (2) When the prisoner is serving
a sentence for one offense and is awaiting trial and sentence for a second
offense in which case he shall not receive credit for time served
prior to before trial in as a reduction of
his sentence for the second offense."
SECTION 6. This act takes effect upon approval by the Governor.
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